Property Law 3 - Searches

Question 1

What are the standard searches that a solicitor must carry out?

Answer 1

• “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 🏢

Question 2

What are the optional searches?

Answer 2

• 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

Question 3

Who does a solicitor approach for searches?

Answer 3

The National Land Information Service

Question 4

What searches are included in the ‘local search’?

Answer 4

• 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

Question 5

What is covered by the Local search CON29?

Answer 5

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) 🪧🌳

Question 6

What is covered by the Local search CON29O?

Answer 6

These are optional searches

Question 7

What is covered by the Local search LLC1?

Answer 7

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 🏚️

Question 8

What are the standard forms for pre-contract enquiries of the seller?

Answer 8

• 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

Question 9

Can the seller deliberately mislead the buyer?

Answer 9

No - A misleading statement may give rise to an action in misrepresentation.

Question 10

What is the inference if the seller responds “Not so far as the seller is aware”

Answer 10

A seller who answers in this way can be taken to have made reasonable investigations in the matter (William Sindall plc v Cambs)

Question 11

What pre-contract searches may be carried out that relate to the title or seller? Unreg land

Answer 11

• 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