Property Law 3 Flashcards
What are the standard searches that a solicitor must carry out?
- “Local search” – enquiries of the local authority (CON29) and search of the local land charges (LLC1)
- Drainage and water enquiries
- Desktop environmental search
- Chancel repair liability
Depending on type of title/seller:
- land charges search (unregistered land)
- search of the index map (unregistered or registered land subject to mineral rights)
- companies search
What are the optional searches?
- CON29O (including commons registration search)
- Highways search
- Coal mining search
- Cheshire Salt
- Tin, clay and limestone
- Phase I/Phase II survey
- Flood search
- Utility providers
- Railways – overground, underground, crossrail or HS2
- Waterways
Who does a solicitor approach for searches?
The National Land Information Service
What searches are included in the ‘local search’?
- The local land charges search [or LLC1]
- the local authority enquiries being the standard enquiries using CON29 form and the optional enquiries using CON29O form
What is covered by the Local search CON29?
reveal information about the property and its immediate surroundings, such as:
- planning consents, refusals and completion notices
- building regulations
- roads and public rights of way (such as footpaths)
- Environmental notices (including contaminated land notices)
What is covered by the Local search CON29O?
These are optional searches
What is covered by the Local search LLC1?
A search of the local authority’s register of local land charges. For example:
planning permissions that have been granted
- planning enforcement or stop notices
- article 4 directions (restricting the General Permitted Development Order)
- tree preservation orders
- smoke control orders
- financial charges such as road-making charges
- conservation areas
- listed building status
What are the standard forms for pre-contract enquiries of the seller?
- Property information form (Form TA6) – contains information about boundaries, alterations, work done, neighbour disputes, occupiers, utility providers, location of utility meters, etc
- Fittings and contents form (Form TA10) – items that are included or not in the sale, such as curtains, light fittings, carpets, etc
Can the seller deliberately mislead the buyer?
No - A misleading statement may give rise to an action in misrepresentation.
What is the inference if the seller responds “Not so far as the seller is aware”
A seller who answers in this way can be taken to have made reasonable investigations in the matter (William Sindall plc v Cambs)
What pre-contract searches may be carried out that relate to the title or seller?
- Search Index Map (SIM) - unregistered / more than one title - shows extent of title.
-Mapsearch - similar to SIM but not guaranteed
- Central Land Charge Search (form k15) - unregistered land search against the full name of seller and all previous owners referred to in the epitome of title.
- Bankrupcy search
- Company search
When is planning permission not required?
Planning permission is needed whenever there is development on land, unless it falls within certain exceptions, such as:
- building works that only affect the interior of the building; or
- building works that do not materially affect the external appearance of the building; or
- changes of use that are within the same use class (s3(1), The Town and Country Planning (Use Classes) Order 1987
What is Sui Generis when it comes to use classes?
Miscellaneous
What does a General Permitted Development Order do?
Allows certain development without planning permission
If a proposed development is in line with the General Permitted Development Order does that mean its OK?
No - need to check whether the local authority has opted out.
How can one check that a planned development is either not a ‘development’ or falls within General Permitted Development Order?
Apply for a certificate of lawfulness - note, this is not planning permission but confirms the proposal falls outside the requirement for planning permission.