🏡Property: Due Diligence Flashcards
1
Q
Who deduces title and who investigates title?
A
Deduces: sellers solicitor
Investigates: buyers solicitor
2
Q
Who drafts the contract and who drafts the transfer deed
A
Contract: sellers solicitor
Transfer deed: buyer
3
Q
Who does the pre contract searches
A
buyers solicitor
4
Q
Who drafts the transfer/mortgage deed?
A
buyers solicitor
5
Q
Who does the pre completion searches
A
buyers solicitor
6
Q
Can you act for buyer and seller?
A
Probs not-high risk of conflict (esp if difference in bargaining power/negotiation needed)
Substantially common interest doesn’t apply to a property purchase
7
Q
Can you act for joint buyers
A
- Usually acceptable as long as can comply with para 6.2
- Might need to advice residential buyers separately abt how they want to hold equitable interest in prop
8
Q
Can you act for borrow and lender?
A
Yes if para 6.2 complied with-can UNLESS conflict/significant risk of conflict
Risk of conflict will be high where:
1. Non sandard mortgage of prop to be used as borrowers priv residence
(eg. Not one provided in the normal course of the lender’s activities, where a significant part of the lender’s activities consists of lending and the mortgage is on standard terms)
- Standard mortgage but don’t use the approved certificate of title
EXCEPTIONS
* Substantially common interest
* Both clients given informed written consent
* Effective safeguards in place
* Sol satisfied reasonable to act for both
9
Q
Can you act for joint borrowers?
A
Yes if comply with 6.2 and consider Etridge guidelines
10
Q
What is a contract race and are they allowed?
A
Where pre-contract package sent to multiple buyers who compete to be ready to exchange 1st
Allowed as long as all prospective buyers know they’re engaged in race
11
Q
What info must a sol give client re finances?
A
Best possible info abt likely overall cost of matter, at the beginning and at appropriate points throughout the transaction.
=make sure to explain SDLT/ LTT, Land Registry fees and search fees.
12
Q
What are the restrictions on a solicitor providing financial advice?
A
Must be authorised under FSMA 2000 to carry out a regulated activity relating to a regulated mortgage contract
13
Q
What is a regulated mortgage contract?
A
- borrower is an individual
- lender takes a first legal charge over property in UK
- at least 40% of prop intended for occupation by the borrower/ immediate family member
14
Q
What is/isnt a regulated activity?
A
- Arranging or advising on a regulated mortgage contract (ie a specific mortgage product)
- NOT giving generic advice (eg. differences between types of mortgage, arranging execution of a mortgage chosen independently by the client or on the advice of an authorised person)
15
Q
If doing a regulated activity and firm not authorised, how else can it be carried out?
A
Sol can still arrange or advise on a regulated mortgage contract by relying on the s 327 exemption for professional firms.
S237 EXEMPTION: solicitors can carry out regulated activities if they are incidental to the provision by the firm of professional services, ie services regulated by the SRA.
16
Q
What are the types of mortgage
A
- Repayment-pay loan+interest at lenders standard variable rate, fixed for a set period, % above BoE base rate
- Interest only-monthly payments lower but will still owe whole amount at end
-
Other types-
□ Bank buys prop and resells to buyer at higher price, buyer pays excess over years
□ Bank buys and leases to buyer for rent then transfers to buyer at end of lease
17
Q
Who pays what property tax?
A
Residential
* SDLT/LTT
* Possibly CGT
Commercial
* SDLT (no concession for first-time buyers) or LTT
* VAT
* Corporation Tax (Payable on income and capital profits (ie. Rent/sold for more than purchase price))
18
Q
What was payable before SDLT and whats the difference
A
- Pre 1/10/2003: Stamp Duty which was a tax on documents
- SDLT is a tax on property transactions
19
Q
What is Stamp Duty Land Tax (SDLT) payable on?
A
‘Land’ which includes fixtures NOT chattels
20
Q
How is SDLT paid
A
Form SDLT1 to HMRC and via bank transfer
21
Q
Time limit for paying SDLT/LTT
A
SDLT: 14d completion
LTT: 30d completion
22
Q
Rates of SDLT including for 1st time buyers
A
RESIDENTIAL FREEHOLD
First time buyers relief if:
1. Intend to occupy prop as main residence
3. Purchase price >£625k
Then:
0% up to £425k
5% on portion from £425,001-£625K
Non first time buyers
Up to £250k=0%
£250k-£925k=5%
£925k-£1.5mill=10%
The remainder=12%
NON RESIDENTIAL/MIXED USE FREEHOLD
Up to £150k=0%
£150k-£250k=2%
Exceeding £250=5%
23
Q
Does LTT have relief for 1st time buyers
A
No
24
Q
Rates of LTT
A
RESIDENTIAL
Up to £225k=0%
£225k-£400k=6%
£400k-£750k=7.5%
£750k-£1.5 mill=10%
The remainder=12%
NON RESIDENTIAL/MIXED USE
Up to £225k=0%
£225k-£250k=1%
£250k-£1mill=5%
Exceeding £1mill=6%
Higher rates if buying second prop or not uk resident
25
# CCT
What is Capital Gains Tax charged on and how to calcualte it
Charged on 'Chargeable assets' inc:
1. Freehold/leasehold property
2. Interests of co-owners
3. Transactions incidental to sale of land (eg release/modification of easement)
4. Gifts
To calculate:
Find Difference in prev purchase (or value in 1982 if bought earlier) and current sale price
Chargeable at rate set by gov after annual exemption
BUT private residence relief:
* No CGT if using house as main/only residence (or for Trustees if occupied by B as principle residence)
* Relief lost on part of house used exclusively for business use
* Garden of >0.5 hectares, CGT chargeable on excess UNLESS can show extra garden necessary for reasonable enjoyment of the house
26
CGT: for private residence relief what can you do if you have 2 properties?
Elect to HMRC which will qualify for PRR
27
CGT: for private residence relief are periods of absence allowed?
Yes Eg. Have to live abroad/in service accom
28
VAT: What is it charged on?
'Taxable supplies'=Goods/services provided by taxable person in course/furtherance of a business)
'Taxable person'=person whose turnover in past 12mo exceeded registration limit (currently £85k)
29
VAT: how to calculate and rates
Deduct input tax from output tax
◊ Output tax= from customers business (customer pays VAT) only recoverable if direct link to taxable supply
◊ Input tax= paid to suppliers on goods/services
RATES
* Standard rated supplies=20%
* Reduced rate (for domestic fuel, certain construction, conversion, renovation services)=5%
* Zero rated supplies=taxable but charged at zero rate
* Exempt supplies=non VATable (but sometimes supplier of land has option to tax)
30
VAT: in property, what are zero rated supplies
Sale of new build by developer (subsequent sale of residential prop is not in course of business=no VAT)
31
VAT: in property, what are exempt supplies?
Supplies of interest in, rights or licences to occupy commercial land/building
32
# 3
VAT: in property, what are exempt subject to option to tax?
1. Sale of old (3y +) commercial freehold building
2. Sale of a greenfield site
3. Grant of a lease
33
# 3
VAT: in property, what are standard rated?
1. Sale of new freehold commercial building (less than 3y old)
2. Professional services (eg architect/surveyor)
3. Supply of construction services
34
VAT: why would you exercise the option to tax?
to recover cost of input tax (ie, building work) BUT may only make partial recovery and will increase purchase price by 20%
35
VAT: why would you not exercise the option to tax?
* May put off VAT sensitive buyers who don’t make taxable supplies in course of business (ie. Bank/building society/insurance co.) so cant recover input tax
* Also, if option to tax made before date of transaction, VAT will count as chargeable consideration for SDLT/LTT='tax on tax'
36
What is 'development'?
The carrying out of building, engineering, mining or other operations (B EMO)in, on, over or under land, or the making of any material change in the use of any buildings or other land
NOT Maintenance, improvement or other alteration of any building works which affect only the interior/don’t materially affect the external appearance
37
When is planning permission needed?
Development:
Material changes of use to/from another class
To/ from Su generis use
NOT within same class
38
What is a su generic use?
(in a class of its own)-uses with potential adverse effect on locality Inc.
entertainment
drinking establishments
hot foot takeaways
39
planning permission classes England
B2 – general industrial
B3 – storage and distribution
C – residential (hotels, dwelling houses)
E-commercial, business, service
F-local community and learning (learning and non-residential institutions, local community (incg shops selling essential goods in premises not exceeding 280m2 with no other such facility within 1,000m))
40
Planning permission classes Wales
A1 – shops
A2 – financial and professional services
A3 – food and drink
B1 – business
B2 – general industrial
B8 – storage and distribution
C – residential
D – non-residential institutions (D1), assembly and leisure (D2).
41
When must panning permission be implemented by?
Planning permission will state but:
1. usually 3y england
2. usually 5y wales
local planning authority can serve completion notice stating permission will cease to have effect if it hasn’t been completed by expiration period
42
What matters dont need express planning permission/have automatic planning permission?
Automatic planning permission under General Permitted Development Order 2015:
1. developments within the curtilage of a dwelling house (eg. extensions below a certain size)
2. minor operations (eg. painting exterior of a building or installing a CCTV camera).
2. Specified changed between use classes and changes from certain sui generis uses
43
Can the state exclude the effect of a GPDO (General Permitted Development Order)?
Yes, using Article 4 Direction
44
What can you do if you're not sure if work falls within development/GPDO
apply for Certif of Lawfulness of Proposes Use or Development under s192 TCPA 1990
45
# 5
Types of enforcement notice for planning control
1. **Enforcement notice** (Specify breach/steps to be taken/stopped)
2. **Stop notice** (if enforcement notice served first)
3. **Temporary stop notice** (LA want breach to stop straight away but havent decided what permeant action to take and can last for 56 days)
4.**Enforcement warning notice**-tell to apply for retrospective planning bc theres been a breach but PP probs would have been given if they'd applied
5. **Breach of condition notice** (says in breach and to stop)
6. **Injunction**
46
Difference between pp enforcement notice and breach of condition notice
Breach of condition notice (says in breach and to stop)
Similar to enforcement notice but:
- can only be served where the breach of planning control is a breach of a condition attached to a planning permission
-if don’t comply can be prosecuted at magistrates court
-No right of appeal (can appeal enforcement notice)
47
How can the LPA obtain an injunction?
LPA can apply to court
To restrain an actual or apprehended breach of planning control
Discretionary-must show injunction is expedient and necessary
48
Effect of failure to comply with planning permission enforcement notices
Fine
49
When does a planning permission enforcement notice become effective?
28d after service
50
Time limits for planning permission enforcement in eng/Wales
ENG:
10y of alleged breach
4y for operational development (building work), changing use to single dwelling house, if works completed before 25 april 2024
WALES
10y (4y for operational development/changing use to single dwelling house)
51
Can the time limits for enfacement of planning permission be extended?
LPA can apply to magistrates court for panning enforcement order outside time limit
52
What is building regulation control
Health and safety-control materials/construction methods used
53
Procedure for building regulation control?
1. Must apply for building regs consent for many works carried out on buildings (even if don’t need pp)
2. Work will be inspected by building control officer
3. Building control authority should issue certificate of compliance
OR
Self certification schemes regulated by trades/professions (eg. Plumbing)-person who does work certifies then profession sends notice to BCA
54
Time limit for BCA to prosecute for breach of building regs
Wales-within 2y
England-no time limit
55
Time limit for BCA to serve enforcement notice requiring work to be altered/removed
10y
56
Time limit for BCA to take out injunction if work is unsafe
none
57
meaning of 'Sui generis' use for planning permission
uses that could have adverse effects on locality
changes to and from them always require pp
58
what is a listed building
* Building in list of buildings of special architectural or historic interest by gov
* 3 grades (1,2,3)
* Listing inc building and any object/structure fixed to the building or within the curtilage of the building that forms part of the land and has done so since before 1 July 1948
59
effect of a building being listed
* Need listing building consent to demolish, alter or extend (maybe inc internal alterations)
* Needed as well as planning permission/even when pp isnt required
60
difference between investigation of title and deduction of title?
**Investigation of title**= process of est. who owns the prop and whether there are any rights/rules which could effect owners use/enjoyment of it
**Deduction of title**=expression used for the seller’s obligation to prove to the buyer their ownership of the property they are trying to sell.
61
How to investigate title in registered freehold land
Sellers sol-obtain 'official copies' (copies of the register of title for property) less than 6mo old
62
What is the 'edition date' on official copies?
Date title last updated
63
What is the 'search from' date on the official copies
Date of official copies showing entries subsisting on register at that time
64
What are the sections of the land register?
Property register
Proprietorship register
Charges register
65
what does the property register show?
◊ Description land via postal address and title plan
◊ Freehold/leasehold
◊ Benefits over other land (ie. Easements/rights)
◊ Things youd expect to come with land that are excluded from title
66
# 5
What does the proprietorship register show?
1. Name/address of owner (proprietors)
2. Class of title
3. price paid by the current owners if the land has been sold since 1 April 2000
4. Indemnity cov when bought land
5. Any restrictions on owners ability to sell (notices/restrictions)
67
What does the charges register show?
3rd party rights (ie. Incumbrences):
-Positive/restrictive covs
- Easements
-Charges over land (ie. Mortgages)
- Leases
- Notices registered by third parties claiming interest
68
What are the classes of title?
1. **Absolute title**-registered proprietor has holds the legal estate subject only to entries on register, overriding interests, minor interests of which they have notice where trustee
2. **Possessory title**-proprietor in possession but no documentary evidence (eg lost the title deeds/ claiming through adverse possession) =also subject to all adverse interests existing at date of registration
3. **Qualified title**-there's a specific identified defect (ie Buyer doesn’t have all expected docs) which the Registrar feels cannot be overlooked by the grant of absolute title
69
# 2
What is the effect of only having qualified title?
-lender may require insurance
-will reduce marketability of land
70
How to investigate title to freehold unregistered land?
1. Check if already registered/pending 1st reg
2. Obtain title deeds
3. Check if past transactions should have triggered 1st registration
4. Find root of title
5. Ignore older docs except where root refers back to 3rd party right created in an earlier conveyance-buyer entitled to call for earlier conveyance
6. Check each title deed
7. Do valid searches against name of ALL estate owners revealed in epitome of title (even if pre dates root) on form K15
8. Prepare epitome of title
71
What may be the result of checking if land is pending 1st registration?
Possible 3rd party lodged caution against 1st registration warning they have an interest-Land Registry will 'warn them off' (give limited period to establish their rights over the land
72
What documents could title deeds include?
* conveyances
* mortgages
* assents
* deed
* gift
73
Process for obtaining title deeds
Seller gives buyer copies and hands over originals on completion (or certified copies on sale of part)) buyers sol checks they are the same 'verification of title'.
74
# 6
Requirements for good root of title?
Most recent doc that:
1) shows who owns entire interest (legal and equitable)
2) contains recognisable description of relevant land
3) does nothing to cast doubt on seller’s title/ability to own land
4) at least 15 yo.
5) Show relevant duties paid on conveyance (look for stamp)
6) Executed properly (deed requirements=(signed, sealed delivered pre 1990)
75
What is the most preferable root of title and why?
Conveyance -double guarantee as title investigation will have been carried out and more likely to contain detailed description of property by ref to plan and more details of incumbrances affecting property and expressly deal with legal/equitable interests
76
# Investigating title unregistered land
: what should each document be checked for?
| 6
1. Chain of ownership-should be unbroken from owner in root to present seller
2. Description of land-should be consistent
3. Stamp duties-check paid on right doc at right time (was payable on conveyancing docs before Dec 03 (replaced by SDLT, look for embossed stamp in top margin)
4. Incumbrances-eg easements/covs
5. Execution-most should be executed as a deed (sealed not witnessed pre 1990)
6. Land charges searches
77
# Investigating title in unregistered land
when searching period of ownership, what period should you search for?
period of time owned or if unsure, since 1926 (when registered syst was introduced)
78
What is an epitome of title?
sch of all docs from root-present day, listed In chronological order) and attach copies of each doc (to prove ownership)
79
Investigation of title: What to do if you find an easement
* If financial burden in register/principle of mutual benefit and burden-advise client they’ll need to contribute to cost of maintenance if want to use it
* Enquire if seller has been paying maintenance costs/how much
80
Where will you find a mines and minerals reservation
Registered: property register
Unregistered: conveyance
81
Where are all interest in coal vested?
Coal Authority
82
If there is a mines and minerals reservation, what should be done in terms of pre contract searches?
1. **Coal Authority search** on CON29M
2. **Index Map search** at LR on SIM, to check whether the mines and minerals are registered under a separate title
83
Investigating title: what to to if you find a declaration as to rights of light and air (ie. so can develop in future)
* Buyer will need to be informed and asked whether this reservation of rights to light and air causes concern given their intended use of the property
* Find likelihood of development nearby.
84
What does this restriction in the proprietorship register mean?: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court
Land held as tenants in common
If this entry isnt on there, assume the land is held as joint tenants
85
What should you do if a property is being sold by only 1 co owner
* Need to find missing one if alive
* If dead, sellers sol will need certified copy of death certificate
* If equitable interest also held as JT, surviving co- owner can transfer alone.
* If equitable TiC-overreach
86
Can a buyer assume that a joint tenancy hasn't been severed?
2. Registered: yes in absence of restriction on proprietorship register
1. Unregistered: yes if transfer by surviving owner to buyer contains statement that they're solely and beneficially entitled to the land and neither of the following occurred before date of transfer:
(1) A memorandum (written record) of severance endorsed on the conveyance of the property to the joint tenants.
(2) Bankruptcy proceedings registered against either of the joint tenants at the Land Charges Registry.
87
How can it be proved that a deceased co owners interest passed to the surviving one under a will/intestacy?
producing certified copies of grant of probate and the assent from the PRs to the surviving co- owner as beneficiary.
88
Investigating title: options for buyers solicitor for dealing with a restrictive covenant
1. Ask seller if know owner of benefitting property and ask owner if buyer can come to arrangement (ie. Release of covenant)
2. Restrictive cov insurance for proposed breach of cov
3. Apply to Upper Tribunal (Lands Chamber) to modification/discharge of cov under s84 Law of Property Act 1925 on grounds that cov is obsolete/confirs no practical benefit of substantial value/advantage and loss of cov is to be compensated in money
89
What is the wording of an indemnity cov in registered land (in proprietorship register)
The transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.
90
What is the wording of an indemnity cov in conveyance of unregistered land?
THE Purchaser hereby COVENANTS with the Vendors to observe and perform the covenants contained in the Conveyance and shall indemnify the Vendors from and against all actions costs proceedings and claims in respect of any future breach thereof.
91
How to identify an unknown covenant in registered land?
the entry in the Charges register will make it clear that the details were not available when the property was first registered:
eg. Conveyance of the land in this title and other land dated 24 April 1939 made between STUART GRIFFIN (1) and HERBERT RHODE (2) contains covenants but neither the original conveyance nor a certified copy or examined abstract thereof was produced on first registration.
92
How to identify an unknown covenant in unregistered land?
may be apparent on face of conveyance/reference a covenant-safest to assume cov is restrictive and will bind buyer ans consider options for dealing with restrictive covs
93
Options on finding an unknown covenant?
1. walk away
2. indemnity insurance (best option and lender wont let you just take the risk)
3. find person with benefit and ask to release from obligation (they’ll ask for £,will slow transaction down, they may be more likely to enforce benefit if you track them down and alert them to it so less likely youll get insurance)
4. application to upper Tribunal to get rid on the basis its obsolete (£, time consuming, no guarantee)
94
Where will a mortgage be found?
Registered: 2 entries on charges register (charge and registered proprietor) AND may also be restriction on proprietorship register preventing borrower from making disposition of prop without consent of lender
Unregistered:will appear as one of the title deeds listed in epitome of title. Don’t need to worry about mortgage that has been discharged, which will have vacating receipt
95
Investigating title: what to do if a lease is found?
Buyers sol should report to buyer and check its existence/terms are compatible with buyers proposed use of property
96
investigating title: What should be done if a notice is found in the charges register
Seller should ascertain what unilateral notice relates to
Buyer:
1. Walk away
2. Refuse to proceed until seller deals with unilateral notice (require seller to ger notice cancelled by Land Registry before exchange of contracts)
97
Investigating tile: what should be done if you find a home right or an occupier (eg. equitable interest/tenancy)
Seller should be required to obtain from the non-owning occupier a release of all rights in the property and agreement to vacate on or prior to completion. Usually dealt with in the contract
98
Why are pre contract searches/enquiries needed
Because principle of 'caveat emptor'/'let the buyer beware' applies and seller has limited duty to disclose matters
99
What 6 pre contract searches/enquires are relevant to every property?
1. Survey/personal inspection
2. Local search (Land charges, standard enquires)
3. Water and drainage search
4. Enquiries of seller
5. Environmental searches
6. Flood search
100
Is a survey always required
Lender will require but always advisable
101
4 options for surveys
1. Valuation-Lender will require to see if prop is adequate security for loan
2. Full structural survey -If want to do alterations
3. ‘Homebuyers’ valuation and survey’,-less details but less expensive
4. Personal inspection by sol advisable
102
What may a local land charges search (LLC1) reveal?
* Planning permissions
* CPO
* Financial charges/restrictions imposed by pub authorities under statute
* Tree Preservation Orders
103
What may a standard enquiries (CON29) local search reveal?
* Highways/Liability for road repair
* Restrictions on development/Enforcement restrictions on planning
* Contaminated land
* Traffic restrictions, proposals
104
What may a local optional search (CON29O) reveal?
* Env/pollution notices
* Rights over common land
* Hedgerows
* Urban development zones
105
Forms for water and drainage search and who to send them to?
Residential-form CON29DW
Commercial-form CommercialDW
To: statutory undertaker, normally water co
106
Purpose of water and drainage search?
Connected to public supply?
Liability for the costs of repairs?
107
Form for and purpose of pre contract enquiries to seller?
Form: CPSE (standard enquires)
Purpose:
-Disputes
-3rd parties in occupation
-Compliance with covs
-planning permissions
-boundary maintenance issues
- VAT (for commercial)
108
How to do an environmental search and why?
How: initial desktop search or CON29/O to LA
Purpose: cost of cleaning contamination lies with owner if cant find original polluter, Is insurance against env liability useful?
109
How to do a flood search
1. Ask seller abt flooding but they’ll probs decline to say
2. Env Agency free search/flood risk indicator on Land Registry site
3. Property- specific flood risk searches are available from commercial providers
110
What to do if a flood search reveals the property is at a high risk?
Consider insurance
111
What searches and enquires may be relevant for specific properties
1. Chancel repairs search
2. Mining searches
3. Canal & River Trust search
4. Commons search
5. Railways
6. Highways Authority
7. Index map search
8. Company search
9.Bankruptcy/insolvency search
112
Who are chancel repair searches relevant for?
properties in CoE parish where there's been medieval church with vicar
113
Purpose of chancel repair search
Check if liable to pay cost of repairing church chancel, insurance?
Registered: Will bind buyer if previous transfer for value occurred before 13 Oct 2013
Unregistered: buyer will be bound if chancel repair liability is referred to in the title deeds or protected by a caution against first registration lodged prior to first registration
114
How to do chancel repair search
commercial provider
115
Who is a mining search relevant for and what is the purpose of them
For: properties in coal mining area identified on Coal Authorities interactive web map
Purpose: has mining/is mining likely to take place, shafts under prop, subsistence issues
116
How do do a mining search>
CON29M to Coal Authority
117
Who are Canal & River searches needed for and what is the purpose of them?
Relevant for: Props adjacent to river canal
Purpose: Liability for maintenance of waterways, banks, tow paths, Past flooding
118
Who is a commons search relevant for and why do one?
* Relevant for: props on greenfield sites/adjoin open space
* Purpose: Commons rights eg right to pasture protected under Commons Registration Act 1965 May affect enjoyment of land/intended use or development of prop
119
How to do a commons search?
Optional enquiry 22 in CON29 form
120
Who is a railway search relevant for and what is the purpose?
Relevant for: props adjoining railway line
Purpose: Obligations to maintain boundary features and Restrictions on building work next to line
121
How to do a railway search?
Network rail (will only answer specific proposals but can search existing undertakings eg HS2)
Enquiry 22 in CON29-reveal if prop affected by proposed rail scheme
122
Purpose of highways authority search?
1. Are pavement/verges between prop and highway publicly maintainable
2. Do you have access rights over it
3. Will road be adopted in near future (may have to pay as a LA will want a road to be certain standard before they adopt but means there no maintenance costs)
123
How to do a highways authority search?
In addition to info on CON29, Enquiry 2 of CON29-info on roads adjoin prop (NOT verges/pavements)
To: Local Highway authority
124
What is the point of an index map search and land charges dept?
Unregistered land
See if registered already/pending 1st registration
3rd parties registered interest ie mining rights
125
How to do an index map search
Land Charges Department search against the seller and previous estate owners
126
If there is a mines and minerals reservation, what should be done in terms of pre contract searches?
1. **Coal Authority search** on CON29M
2. **Index Map search** at LR on SIM, to check whether the mines and minerals are registered under a separate title
127
Where will you find a mines and minerals reservation
Registered: property register
Unregistered: conveyance
128
How to do a company search
Search companies house
129
Purpose of companies search, when relevent and when to do one
Relevant:
1. Where buying from Co
2. Where Co revealed in epitome of title (unregistered land)
Purpose:
1. confirm seller has capacity to enter contract
2. confirm identity of current officers
3. any fixed or floating charges to be discharges on completion
When: pre contract and repeat just before completion to check for insolvency issues
130
When is a bankruptcy/insolvency search relevant?
When acting for borrower, to check no bankruptcy/insolvency proceedings against lender just before completion
131
How to do a bankruptcy/insolvency search
Individual: Form K16 to Land Charges dept in Plymouth
Company: Company search at CH
132
What to do if a tree preservation order is found from the LLC1 result?
Buyer will need to be told as is crim offence to fell/lop tree subject to TPO without consent
133
What is the effect of a smoke control order being found in the LLC1 result
To restrict use if non-smokless fuels in domestic fireplaces
134
What to do if a conservation area is revealed in the LLC1 or CON29 result?
Inform buyer as will be v hard to make changes to prop
135
