Property Chapter 2

Question 1

What does s.75 (1) Town and Country Planning Act set out

Answer 1

Planning permission is required for ‘development’

Question 2

With reference the definition of development, when is planning permission required?

Answer 2

Development defined as in s.55(1) TCPA asa) the carrying out of building, engineering, mining or other operations in, on, over or under land; or
b) the making of any material change in the use of any buildings or other land.

Planning permission is therefore required for: 
any building works; and 
any material change in use.

You may need both components of planning permission

Question 3

What guidelines/ legislation do the LPA use to determine their applications

Answer 3

Planning Legislation

Question 4

What do objections to a planning application need to relate to?

Answer 4

Material / ‘Relevant’ planning considerations.

Occasionally objections are raised which are based on personal interests or private rights - LPA cannot take into account such matters as they are not material planning considerations.

Question 5

How do you find out whether certain building works do not constitute development

Answer 5

They will be stated by the TCPA and its secondary legislation to constitute development and therefore does not require planning permission.

Question 6

What do you not need to go through the formal application process to the LPA for planning permission

Answer 6

When the building works or material changes of use come under a certiain category ‘permitted development’ set out in the Town and Country Planning order 2015 and are granted planning permission altomatically by statutory instrument.

Or they building works do fall within the definition of development but the works satisify the relvant criteria laid down for these works. GDPO 2015 covers a number of building works aas permitted development. Part 1 of schedule 2 of GPDO 2015

Note: Commercial buildings permitted development is much more limited - Part 2 of schedule 2 of GDPO 2015

Question 7

What are building works

Answer 7

In s.55(1A) TCPA building works are said to include:  the demolition of buildings;  rebuilding;  structural alterations of, or additions to, buildings; and  other operations normally undertaken by a person carrying on business as a builder.

Question 8

What is the key type of “building works” which does not constitute development therefore no requiring planning permission

Answer 8

In s.55(1A) TCPA building works are said to include:  the demolition of buildings;  rebuilding;  structural alterations of, or additions to, buildings; and  other operations normally undertaken by a person carrying on business as a builder.

Question 9

What do the LPA have to do when they decide to disapply permitted development in certain circumstances

Answer 9

make an Article 4 direction.
if an Article 4 Direction has been made within an area where a particular property is located, small scale building works to that property that would otherwise fall within the scope of permitted development will not in fact do so. In such circumstances, a formal application for planning permission to the LPA would be required after all as permission for the works would not be deemed to be granted automatically

Question 10

What is a “material change of use

Answer 10

A “material change of use” is one where the use of a property is changed from one use class to another: e.g. a change from Class B1 to Class A3 or from Class A1 to Class A3.

The use of a property is classified using the Town and Country Planning (Use Classes) Order 1987 (‘TCP(UC)O’). This lists various categories of use and specifies what each category includes. A use class is made up of both a letter and a number (e.g. A1).

Where a change of use occurs within the same use class (e.g. hairdresser in Class A1 to post office in Class A1), this is not considered to be a “material change of use” and therefore does not constitute “development” – s.55(2)(f) TCPA and Art 3(1) TCP(UC)O. Consequently, planning permission would not be required in such circumstances.

Question 11

When does the material change not necesate the need to apply for formally to the LPA for permission

Answer 11

(subject to certain qualifications) the GPDO 2015 automatically permits changes between certain use classes. These permitted changes of use are set out in Part 3 of Schedule 2 to the GPDO 2015.

When considering any permitted material change of use, however, you should again be mindful of the power of LPA’s to disapply them through an Article 4 Direction. You again need to be aware that if an Article 4 Direction has been made within an area where a particular property is located, material changes of use that would otherwise fall within the scope of permitted development will not in fact do so. In such circumstances, a formal application for planning permission would be required after all as permission for the material change of use would not be deemed to be granted automatically.
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Question 12

Why is it important that the solicitor actin for the buyer raises detailed questions in the pre-contact enquries about planning matters

Answer 12

Because the buyer will take on liability for the sellers breaches, so the buyer’s solicitor must ensure that all planning documentation that is relevant to the purchase is seen and checked prior to exchange of contracts.

Question 13

What does the seller have to do if the buyers solicitor spots planning permission isssues?

Answer 13

The seller should be asked to correct any irregularities in relation to planning prior to completion of the purchase and the resolution of any planning issues may well need to be dealt with as a special condition in the contract itself.

Question 14

Who does the buyers solicitor ask for a request for information

Answer 14

Local authority holds information with regard to planning history of the property.

Question 15

What should the buyer’s solicitor check with regard to any past works

Answer 15

That the have satisified all relevant planning legislation in relation to past works/ and or material change.
i.e Are those that are still in existence permitted under planning legislation
Did changes of use from one class to another take place and are continuing at the time of purchase were permitted under planning legislation.
(Note can reply in this exam on the GPDO 2015 to check)

Question 16

The buyer’s solicitor will need to check that any intended works and/or any intended material change of use at the property will be permitted under planning legislation. To do this, the buyer must:


Answer 16

• check the current use class of the property and check if the proposed use amounts to a “material change of use” and, if so, whether it is covered by the GPDO 2015. If the proposed “material change of use” does not fall within the GPDO 2015, a formal application for planning permission will be required;
• check if any proposed building works are covered by the GPDO 2015; if not, a formal application for planning permission will have to be made.

For the buyer’s future plans in respect of building works, it is possible to submit applications for “outline” planning permission to ascertain whether the LPA is likely to approve the client’s proposals in principle. However, a further application will still have to be made later on for approval of any “reserved matters” which may have been set out in the outline permission. It is usual to have to submit a detailed application for approval of reserved matters within three years of the grant of the outline planning permission.

Question 17

In the event of a breach, an LPA can serve an Enforcement Notice.
An Enforcement Notice can either:

Answer 17

i) require that the land be restored to the condition it was in before the unauthorised development occurred; or
ii) secure compliance with any conditions or limitations imposed by a planning permission.
ii) compliance with an Enforcement Notice does not automatically discharge the Notice. An Enforcement Notice can impose a continuing obligation on the owner of the land to comply with the Notice. Noncompliance with an Enforcement Notice carries criminal sanctions and in certain circumstances, the LPA can require buildings to be demolished.

Question 18

Explain a Stop Notice and caveats to the exception

Answer 18

A Stop Notice prohibits, almost immediately, the carrying out of activities in breach of planning legislation on land that is subject to an Enforcement Notice. A Stop Notice cannot exist independently of an Enforcement Notice.

Note that it is not possible for the LPA to serve a Stop Notice to prohibit the use of a building as a dwelling house or where any particular activity has been carried out (continuously or not) for more than four years.

Question 19

Explain a Planning Contravention Notice

Answer 19

The LPA may also serve a Planning Contravention Notice. This is served to flush out information about potential planning breaches and might then lead to the service of an Enforcement Notice. The LPA may issue a Planning Contravention Notice if there is a reasonable belief that a breach of planning legislation has occurred

Question 20

A buyers solicitor must find out when the relevant ‘development’ took place - if the time limited for action has expired, no further action is required.
Explain the time relevant period for enforcement when building works carried out without planning permission

Answer 20

For building works carried out without planning permission, enforcement action can be brought within four years following substantial completion of the works.

Question 21

A buyers solicitor must find out when the relevant ‘development’ took place - if the time limited for action has expired, no further action is required.
Explain the time relevant period for enforcement for ‘material changes of use’
carried out without planning permission.

Answer 21

The time for enforcement for “material changes of use” is 10 years from the date of the change of use, unless the “material change of use” is to a single dwelling house, in which case the time limit is four years from the date of the change.

Question 22

A buyers solicitor must find out when the relevant ‘development’ took place - if the time limited for action has expired, no further action is required.
Explain the time relevant period for enforcement for ‘breach of condition’ carried out without planning permission.

Answer 22

The time for enforcement for any breach of a condition attached to a planning permission is 10 years. The 10 year time period starts to run from the date of the breach. However, you cannot assume that there cannot be liability for a breach of condition just because a planning permission was granted over 10 years ago; you need to read the conditions to see what they say because some conditions are ongoing, e.g. hours of operation or monitoring and reporting, and can still be breached at any time. If a breach occurred within the last 10 years, the LPA can take enforcement action in respect of that breach, irrespective of whether the planning permission itself was originally granted more than 10 years ago

Question 23

Where are the time limits set out

Answer 23

set out within s.171B TCPA

Question 24

What is the enforcement period if there has been concealment of the development

Answer 24

The LPA is not limited by the above time restraints, and could bring enforcement action even if the relevant enforcement period appears to have passed.

Question 25

What is a listed building?

Answer 25

Listed Buildings are buildings that have been classified as being of special historical or architectural merit. Listed Buildings are subject to an additional layer of planning controls

Question 26

When is listed building consent required?

Answer 26

Listed Building Consent is generally required for internal or external building works (often even if they are only minor works) if they affect the building’s character as a building of special architectural or historical interest.
This is a question of individual judgment and there can be a difference of opinion between the person applying to make the change and the LPA. For the LPC, you may assume all alterations to Listed Buildings require Listed Building Consent.
Listed building consent is required in addition to any planning permission.

Question 27

If the building works in question on a listed building affect only the internor building what consent/ permission would they require

Answer 27

Because it does not constitute development they would not require planning permission but they would still require Listed Building Consent.

Question 28

What about planning permission for the development of a listed building?

Answer 28

Listed Buildings benefit from some, but not all, of the GPDO 2015. For example, the erection of a building, enclosure, pool or container within the curtilage of a Listed Building requires a formal application for planning permission. For LPC purposes, you may assume that any development being carried out in relation to a Listed Building requires a formal application for planning permission

Question 29

Time limit of enforcement where works have been carried out without Listed Building Consent and punishment?
Effect on original perpetrator/ owner

Answer 29

There are criminal sanctions for carrying out works without the relevant Listed Building Consent for building works. There is no time limit for enforcement where works have been carried out without Listed Building Consent.

Whilst criminal sanctions will only be levied against the original perpetrator, rectification works can be required to be carried out by subsequent owners at the cost of that owner which is why it is so important to ensure any issues are dealt with prior to completion

Question 30

. It is this aim to preserve and enhance the area which makes Conservation Areas subject to stricter planning controls than would normally be the case.
Examplain some stricter planning controls as a result of being a conservation area

Answer 30

Article 4 direction
It is quite common for an LPA to restrict the types of building works and/or material changes of use which would normally be considered “permitted development” by making an Article 4 Direction in relation to a Conservation Area. The result of this is that a formal application for planning permission would need to be made to the LPA even for minor works and material changes of use, thereby giving the LPA much greater control over any changes taking place within the Conservation Area.

Onerous planning conditions For example, the planning conditions which form part of a planning permission for an extension in a Conservation Area might specify a particular type, quality and colour of paint and bricks are used so that the external appearance of the property remains in keeping with the rest of the neighbourhood

Question 31

Conservation Areas: Section 69(1) Planning (Listed Buildings and Conservation Areas) Act 1990 states what -generally

Answer 31

that a Conservation Area is an area “of special architectural or historical interest, the character or appearance of which it is desirable to preserve or enhance”

Question 32

All buildings have to be constructed or altered in a way that complies with certain rules. What relevant building legislation must the works comply with?

Answer 32

There are two main statutory instruments made under the Building Act 1984, namely, Building Regulations 2010 and Building (Approved Inspectors etc.) Regulations 201

Question 33

Is building regulation approval separate or additional to planning permission?

Answer 33

Building Regulations approval is separate and additional to any planning permission that may be required for the building works.
A formal application for Building Regulations approval may be required for building works even if a formal application for planning permission is not necessary. For example, if the building works are permitted development (e.g. a small extension to a residential property not subject to an Article 4 Direction), then an application for planning permission would not be required because the works would be covered by the GPDO 2015, but Building Regulations approval must still be expressly obtained.

Question 34

What does a person intending to carry out building works need to submit.
When does building work need to commence.
What happens after completion of work, what do the owners receive .

Answer 34

Full plans or serve notice on the local authority Building Control Service before such works commence. The building works must then be commenced within three years of the Building Regulations approval. After satisfactory completion of the works, the local authority will inspect and then issue a certificate of compliance with building regulations. This is called a Building Regulation Completion Certificate. A single fee is payable for obtaining approval and the issue of the certificate.

Question 35

Period of time local authority may take proceedings for a breach of the requirement for Building regulations approval?

Answer 35

Within 12 months of the infringement.
however, that s.36(6) Building Act 1984 allows a local authority to apply to court for an injunction to enforce the regulations by injunction at any time. There is therefore effectively no time limit for the enforcement of Building Regulations.

Question 36

Example the case of Cottingham v Attey Bower and Jones with reference to building regulations

Answer 36

Referring to the effect of s.36(6) Building Act 1984, the case emphasises the need for a solicitor to take all practical and reasonable steps to obtain copies of building regulation approvals. In this case, the seller alleged in its replies to enquiries that it had obtained building regulations approval for certain structural works carried out eight years previously. The buyer’s solicitor did not obtain copies and completed without them. In fact, the application for building regulations approval had been refused and the house was found to have structural problems. The buyer’s solicitor’s failure to take steps to obtain copies of the building regulations approvals was held to amount to negligence

Question 37

How do you protect a buyer against the risks of enforcement where works may have been carried out in breach

Answer 37

The seller should be asked in the contract to obtain a Regularisation Certificate from te local authority before completion. Alternatively insurance may be available.

Question 38

What is the key legislation in Environmental Law and what is the statutory guidance on the interpretation?

Answer 38

The key legislation is the Environmental Protection Act 1990 (‘EPA 1990’) and the Environment Act 1995 (‘EA 1995’). The legislation is retrospective and covers existing and future contamination or pollution.
Statutory guidance on the interpretation of the key legislation in this context is provided in the Contaminated Land (England) Regulations 2006 (SI 2006/1380).

Question 39

Who bears liability for clean up of polluting substances in relation to any land failing within the definition of “Contaminated Land” in s.78A(2) EPA 1990 (inserted by s.57 EA 1995).

Answer 39

The “appropriate person” as defined in the EPA 1990

Question 40

What is contaminated land

Answer 40

“Contaminated Land” is:
“Land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances in, on or under the land, that:
a) significant harm is being caused or there is a significant possibility of such harm being caused; or
b) significant pollution of controlled waters is being caused or there is a significant possibility of such pollution being caused.”

Question 41

What steps do local authorities need to take in relation to contaminated land?

Answer 41

Sections 78A – 78YC EPA 1990 (inserted by s.57 EA 1995) require local authorities to inspect and identify seriously contaminated sites in their areas and then maintain registers detailing the position regarding such sites.
Following that, local authorities are required to serve Remediation Notices on the Appropriate Person, requiring the land to be remedied to an agreed standard.
The “Appropriate Person” served with a Remediation Notice will either be a ‘Class A Person’ or a ‘Class B Person’.

Question 42

Explain a ‘Class A Person’ or a ‘Class B Person’ in relation to a remediation notice

Answer 42

Class A Persons
Class A Persons are those who caused (i.e. the original polluter) or knowingly permitted the pollutant to be in the land.
Additionally, someone who buys land with knowledge of the contamination, and does nothing to remedy it, could be a Class A Person. If the buyer is a large commercial organisation and the seller has given the buyer permission to carry out environmental investigations, this will normally be evidence that the buyer has knowledge of the contamination.

Class B Persons
If no Class A Persons can be found after reasonable enquiry, then the Class B Person will be liable. Class B Persons are those who own or occupy the land for the time being.

Question 43

if polluting substance is found in or on land.

who is responsible and what do they have to do?

Answer 43

The original polluters of the land is responsible. Failing that, responsibility for clean up of polluted land passes to owner or occupier for the time being. (or even mortgagee in possession)

Question 44

What is the doctrine of ‘caveat emptor’

Answer 44

Let the buyer beware

Question 45

The pre-contract searches and enquiries undertaken by the buyer’s solicitor fall into two
categories:

Answer 45

1) searches and enquiries which are carried out in every transaction; and
2) those that are carried out only in particular circumstances.

Question 46

Name the searches and esquires which are carried out in every transaction (unless instructed otherwise)

Answer 46

Local Land Charges Search (‘LLC1’)
Enquiries of the Local Authority
Highways Search
Drainage and Water Search
Desktop Environment Search
Pre-contact Enquires of the Seller’s Solicitors
Structural Survey and Physical Inspection
Chancel Repair Search
Search of the Index Map (Registered and Unregistered)
Energy Performance Certificate

In addition to these standard pre-contract enquiries, the buyer’s solicitor can
also raise additional enquiries with the seller’s solicitor relating to any issues
arising from the results of their searches, enquiries and title investigation.

Question 47

Search and esquires dependent on location of property

Answer 47

Other search dependent on location: 
 Optional enquires of the Local Authority (2016) (Con29O)
Compnay Search 
Coal Mining and Brine Search (CON 29M) 
Waterways Search

Question 48

What types of thing does the Land Charger Register reveal (LLC1)

Answer 48

There are 12 parts to the Land Charges Register which will reveal matters such
as:
 planning permissions that have been granted;
 other planning matters such as Enforcement or Stop Notices;
 tree preservation orders;
 smoke control orders;
 financial charges such as road-making charges; and
 that the area is a Conservation Area (only if the area was designated a
Conservation Area after 31 August 1

Question 49

A clear search result isn’t conclusive, but what insurance can the buyer rely on

Answer 49

but any person who enters into a
contract to buy the property on the basis of a misleading or inaccurate reply to
the LLC1 is entitled to compensation from the local authority (s.10 LLCA).
No priority period
In practice, it is considered safe to rely on an LLC1 search which is less than
three months old at the time of completion.

Question 50

Con29 Enquires of the Local Authority - explain, example

Answer 50

The CON 29 deals with some matters which are not dealt with at all by the LLC1
(e.g. Building Regulations approvals). It also (in enquiry 2) deals with matters
such as whether there are private or public roads adjacent, or near, to the
property in question and whether there are any public rights of way (such as
footpaths or bridleways) which abut on, or cross, the property in question.

Roads:

Local authorities are obliged to maintain public highways (roads which have
been adopted by the local authority) whereas private roads have to be
maintained by the landowner – although as you saw in Chapter 1, the landowner
may be able to ask others who use the land to contribute towards that
maintenance. The local authority may decide to (or be asked to) adopt private
roadways and persons whose properties ‘front on to’ (i.e. are next to) the
roadway may be asked to contribute towards the cost of bringing the roadway
up to an adoptable standard. These people are known as ‘frontagers’. If the
frontagers are asked to contribute in this way, it will be a one-off payment but
can be quite expensive.

Public rights of way:

The existence of a public right of way (such as a footpath or a bridleway) across
a property will also be a significant concern to a prospective purchaser of that
property. If such a public right of way exists, the general public have a right to
walk (and in the case of a bridleway, to ride horses) across the property on the
route of the right of way. This public right must not be impeded in any way and
it is in fact a criminal offence to obstruct a public right of way. Consequently,
the existence of a public right of way across a property can severely restrict a
developer’s plans for the property if the public right of way crosses the part of
the property that it is intended to develop. Although it is possible to stop up or
divert a public right of way (the detailed procedure of which is beyond the scope
of this course), these are very costly and time consuming processes. Therefore,
it is imperative for a purchaser to ascertain whether the property they are
proposing to purchase is crossed by a public right of way and, if so, the route of
it.

Question 51

In practice what does the ‘local search’ refer to

Answer 51

LLC1 and CON29

Question 52

Highways Search - explain

Answer 52

Is carried out by sending a letter to the relevant local authority.

A highway is a public road which can be used by anybody and in
most cases both vehicular and pedestrian use would be permitted.

The primary reason for carrying out a Highways Search is to ensure that the boundary of the property abuts a public highway.

Question 53

Drainage and Water Search

Answer 53

Deal within the relevant water service company for the area.
The standard form of drainage and water enquirers for residential properties is the CON 29DW (2013)

Can be used for commerical properties. But the 10 water service companies in England and Wales have no introduced a standard commercial drainage and water search.

Each water service company has its own terms and conditions for the commercial drainage
and water search and offers different levels of liability for negligent incorrect replies.

Question 54

Desktop Environment Search

Why do solicitors need to do this search?

Answer 54

solicitors must consider whether land contamination
is an issue in all conveyancing transactions.

The reason for this is that an owner may be liable for the costs of cleaning up contaminated land, even if they were not responsible for the contamination.

Some environmental information is given by the local authority in the CON 29 (Q3.13), but this only indicates whether or not the local authority has served any
notices under the environmental legislation requiring a clean up of the site: a negative answer does not therefore indicate that the site is free from
contamination.
In practice, therefore, the buyer’s solicitor will commission a ‘desktop’ environmental search (i.e. online). There are a number of search providers and
types of searches depending on whether the property is residential or commercial.
Hopefully, the search result will be clear but, if as a result of the desktop search,
there is a possibility of contamination at the site, a full Phase I and potentially a Phase II environmental survey is likely to be necessary.

Question 55

What are the standard set of pre-contract enquires

Answer 55

CPSE.1 (Commerical Property Standard Enquires)
Buyers will frequently receive replies to CPSE esquiries at the start of the transaction.
The information given by the seller at that stage is never considered authoritative if it can be confirmed or clarified in a search result.

Question 56

William Sindall Plc v Cambridgeshire County

Council [1994] 3 All ER 932 - explain

Answer 56

the seller only has a limited duty to disclose
information to the buyer’s solicitor. However, as you will see in Chapter 4, the
seller should be mindful of stating in its replies “Not so far as the seller is aware”
because this would amount to an assertion that the seller had made reasonable
investigations into the matter,

Question 57

Gordon v Selico Ltd [1986] 1 EGLR 71)

Answer 57

The seller certainly cannot deliberately mislead the buyer, for example, by concealing physical defects or answering enquiries dishonestly.

If it transpires that the seller has misrepresented something to the buyer, the
seller may be liable for breach of contract and this will be considered in more
detail in Chapter 4.

Question 58

Structural Survey and Physical Inspection
Who conducts it.
How many levels of the survey are available?

Answer 58

The survey is something a buyer’s solicitor simply needs to check that the buyer
client has had commissioned. It is the buyer NOT their solicitor who instructs a surveyor to inspect the property. It is also for the buyer, not their solicitor, to
consider the findings in the surveyor’s report and to decide how to proceed if any problems are revealed. There is no remedy if the property is inadequate for
the buyer’s needs, or if it collapses after exchange of contracts because of structural inadequacies, so the survey is an important matter.

1) Valuation report
2) Homebuyer’s survey
3) Full structural survey

Also someone should inspect the property carefully for signs of occupation by anyone other than a seller.Also inspect will reveal other patent third party interests - boundary issues etc.

Question 59

Chancel Repair Search

Before and After October 2013

Answer 59

Chancel repair liability only affects properties in parishes in which there is a
medieval church.

Before 13 October 2013 - chancel repair liability was an overriding interest which did not require registration to bind the buyer.

From October 2013 - it lost its overridng statues - but it is only properties which are transferred for valuable consideration on or after 13 October 2013 which can be transferred free of liability if there is no notice of chancel repair liability on the Charges Register of the property (or for unregistered land, a caution against first registration).

If the buyer is buying a property which has no been disposed of for valuable consideration since 13 October 2013 is the time between exchange and completion if no OS1 search has been done there is a risk of the chancel repair authorities still making an entry - therefore done before exchange.

Question 60

Search of the Index Map (SIM)

Explain the use (Reg and unrreg)

Answer 60

Registered: When buying a registered commercial property it is common practice for a search of the index map to be carried out at the Land Registry on form SIM.
The search of the index map will reveal whether any third party titles (such as registered leasehold titles) are registered against the title to the property. It can
also be used to help ascertain the owner of neighbouring land if the plan accompanying the form SIM includes the neighbouring property as part of the
search. It will reveal if the land searched against is registered or unregistered
and, if registered, will reveal the registered title number.

Unregistered:

Where unregistered land is to be bought, the index map search is essential
to check whether or not:
 any part of the title has already been registered (it should not have been)
or an application has been made to register it or any part of it; or
 there is a caution against first registration (entered by anyone claiming
some interest in the land) or an application to register a caution against
first registration.
Additionally, Central Land Charges Searches are required, but these searches
only apply to unregistered land.

Question 61

Energy Performance Certificate

Answer 61

This is not a search, as such, but the seller is responsible for providing to the buyer an Energy Performance Certificate (‘EPC’) which is a certificate issued by an accredited energy assessor that confirms the energy rating of the building.
The seller will usually be asked by the buyer for the EPC via the pre-contract enquiries.

Question 62

Optional enquiries of the Local Authority (2016) (CON 29O)

Answer 62

submit form CON 29O to the local authority on
a pre-printed form, which includes optional enquiries. The optional enquiries
may be raised in a particular transaction depending upon the nature of the
property and the buyer’s proposals for the property. An additional fee is payable
in respect of each optional enquiry raised.

Will include information about Rights in common - exercised by a particular class of people for example the residents of the village - to cross the land.

In Ladenbau, G&K (UK) Ltd v Crawley & de Reya [1978] 1 WLR 266 a solicitor was held to be negligent for failing to make a search of the Common.

The optional enquiries cover matters which may be relevant to just rural area, so may want to raise ebspoke enquires with the local authorities.