Property: Due Diligence - Searches and enquiries Flashcards
Names of Standard of Search Form for:
Local Search - To identify matters imposed by or known to local authorities
LLC1, CON29 and CON29O
Local Search are particularly indicated where?
All transactions, but CON290 enquiries should only be raised where appropriate.
Local land charges search (…..) only discloses financial charges or restrictions on land that have been imposed by …. …. under statute, none of which apply to matters concerning the maintenance of …… and …. ….
LLC1
public authorities
riverbanks
canal towpaths
LLC1 does not disclose information re ….. land issues.
contaminated
A Local Land Charges Search on form LLC1 will provide details of any TPOs.
Also shows ….. …. granted, albeit only in respect of the property itself.
planning permission
The Enquiries of the Local Authority (……) and Local Land Charges Search (…..) only relate to the property itself and not adjoining land so would not reveal any proposed development on the adjoining land.
CON29
LLC1
The form for Optional Enquiry of the Local Authority known as:
CON290
CON290 contains Enquiry 22, about registered common land.
It is important to raise this optional enquiry where a client is purchasing land that has not previously been developed in order to find out whether there are any ….. ….. over it.
common rights
(CON29) are general enquiries which are relevant to every transaction and do not cover enquiries which are more specialised in nature such as the one raised here by the client about registered common land. It would not reveal ….. ….. for the adjoining land
planning permissions
If the parties have agreed to follow The Law Society Conveyancing Protocol, and is a residential transaction - Make pre-contract enquiries of the seller using Property Information Form ……
TA06
If the parties have agreed to follow The Law Society Conveyancing Protocol, and is a commercial transaction, use a pre-contract enquiries of the seller using ….. …. …. ….. Form 1.
Commercial Property Standard Enquiries
National House Building Council is a …. and ….. provider who is unlikely to have specific information about the roads and in any event, there is no prescribed form.
warranty
insurance
LLC1, CON29 and CON29O are forms used to …..
identify matters imposed by or known to local authorities (local search)
CON290) contains Enquiry 22 - Only undertake this search where a property appeared to be on a …. …. site or adjoined an …. …. such as a village green
Green field
Open space
CON29DW is the form for ….. and …… search
Water and drainage
Water and drainage search (CON29DW) usually sent to the statutory undertaker, usually …
A water company
To identify contaminated land, make ….. searches
Environmental
Environmental searches carried out by ……/ ……. …… searches
desktop/ risk screening
To identify whether property at greater risk of than normal risk of flooding, carry out ……
Flood search
The purpose of chancel repair searches is to identify potential liability to pay for ….. to the chancel of a Church of England Parish Church
repairs
Chancel repair searches particularly relevant when the property is ….. or where there has been no disposal of value of ……. land since 13 October 2013
Unregistered
Registered
Coal mining searches and other mining done by form …..
CON29M
Canal & river trust searches done when property …… to a canal or river and to establish …. for its maintenance.
adjacent
liability
Common search is to check that the property is not ….. as common land or a town and village green.
Performed when property adjacent to …… …..
protected
Open land
Where property adjoins a railway line, send enquiry to …. ….
Network rail
Enquiry to ….. searches to establish whether verges and pavements are public maintainable.
Done when there appears to be land in private ownership separating the property from the …..
highway x2
Standard form for index map search is called …. and is sent to ….
Index map search (SIM) done to see if the land is already …… or if pending or if there is a caution against first ……
To identify whether a particular piece of land is registered.
Index Map search particularly indicated where property appears to be …… land or where there is …. and ….. reservation in the title
SIM
Land registry
Registration x2.
Unregistered
Mines and minerals
K15 form used for land charges searches - ….. …. only
unregistered land
Purpose of Land Charges searches is to see if any …. have been protected by registration against the relevant estate owner so as to be binding on the owner.
Necessary where the property is …… land
encumbrances
unregistered
…… search done to check capacity, signatories and charges.
Necessary where the seller is a ….. (and against all corporate estate owners where property …..)
company x2
unregistered
When acting as lender, use …. form to check for bankruptcy against individual and …… search for companies
K16
Company
Tree preservation order will be revealed as a local land charge in the ….. result.
The solicitor should raise …..-…… enquiries of the seller to obtain a copy of the TPO
LLC1
pre- contract
A smoke control order will be revealed as a local land charge in the ….. result. Its purpose is to restrict the use of non- smokeless fuels in domestic fireplaces and so might be a problem for the buyer if the property has an open fireplace which they intend to use.
LLC1
If the property is located within a designated conservation area, this will be revealed in either the ….. or ….. results. The buyer should be informed as it will be more difficult to make changes to the property than would normally be the case
LLC1 or CON29
All interests in coal are now vested in the ….. ….. under the Coal Industry Act 1994 and therefore any payments for damages will be paid by the Coal Authority and not the ….. ……
Coal Authority
Land Registry
The local authority reply to the ….. form will reveal whether the local authority considers part or the whole of a property to be contaminated land.
CON29
When using the Law Society Conveyancing Protocol, and need to check maintenance responsibilities in relation to a private road, which form to use?
TA06
It is possible to obtain ….. …. to develop contaminated land (although the clean up the land is very likely to be a condition of that permission)
planning permission
Where the buyer does not know the property’s existing or former use, there is a risk of it being ……
An ….. ….. search will assess such risk
contaminative
desktop environmental
If an alleyway is private, will need an ….. to use it.
Obtainable by …… and evidence from the seller will be needed about them using it for last couple of years.
Easement
Prescription
The …. Form (Seller’s Property Information Form) is a general questionnaire for property sellers. This form must be completed by an individual or company when selling a residential property. Using this form the seller will provide as much information as possible to the buyer.
TA6
Whilst the GDPO grants automatic planning permission for certain categories of development such as developments within the curtilage of a dwelling house (such as extensions below a certain size), it is possible for the Secretary of State in charge of Town and Country Planning, or the LPA, to exclude the effect of the GPO by issuing an Article . ……
4 Direction
CON29O form allows an optional enquiry to be raised in relation to …. notices
hedgerow
conduct an Index Map search to check that the mines and minerals are not registered under a …. title.
separate
Prudent to undertake an Optional Enquiry of the Local Authority (CON29O) (Enquiry 22) as to whether the land which abuts the property is registered as a …. …. or …. …. which may preclude further development on such land
local common
village green
Where the party does not know of the property’s current or former use, there is a risk that such use could be ….
contaminative
