Property (Searches) Flashcards
What is the report on title?
Tthe report a solicitor prepares for their client after investigating title, search results, and replies to enquiries.
It identifies material facts, issues, implications, and solutions,
It takes the form of a summary report in plain English.
What liability does the report on title have?
- Addressed to the client
- It is based on reviewing title documents, search results, planning documents, and replies to enquiries
- It should set limitations to liability - It is not the solicitor’s fault, for example, if the report does not identify an issue that should have been revealed in a search.
What does NLIS stand for in the context of searches?
National Land Information Service
This acts as an intermediary for solicitors to order searches from various institutions.
However, note that Solicitors need to register with a channel provider (who offer an ‘ordering service’) such as SearchFlow and GlobalX.
(1) Register with a channel provider; (2) Use NLIS
What are standard searches in conveyancing?
Standard searches are always necessary and include…
- Local Search - CON29
- Search of local land charges (LLC1)
- Drainage and Water
- Desktop Environmental Search
- Chancel Repair Liability
What is a Local Search - CON29?
Standard Search
Standard enquiries to local authorities using Form CON29 which reveals information about
- Planning permissions
- Planning refusals and notices
- Building regulations
- Roads
- Public rights of way.
How do you check whether a public footpath crosses the property>
Replie of the Local Authority to Standard Enquiries (CON29)
What search would you use for additional local information that is not covered by CON29?
CON29O can be used for the following enquiries:
- Common Land (Village greens)
- Road proposals of private bodies
- Parks and Countryside (AONB/National parks)
- Pipelines
- Noise abatement
- Urban development areas
What does the local land charges search (LLC1) check for?
Standard Search
- Planning permission granted
- Planning enforcement or stop notices
- Article 4 directions
- Tree preservation orders
- Smoke control orders
- Financial charges
- Conservation areas
- Listed building status
There is a phased transfer of responsibility for LLC1 from Authorities to the Land Registry
What does the drainage and water search entail?
Standard Search
It addresses specific questions about drainage and water from the property to the sewer and connections to mains supply
Form CON29DW for residential
Form CommercialDW for commercial
This is submitted to the relevant water service (e.g. Thames Water)
What is a desktop environmental search?
Standard Search
An owner may be liable for costs of cleaning up contaminated land even if not responsible for cause.
A desktop search is based on historical records and will indicate if there has been historic potential contaminative land uses such as industrial use.
It also contains information such as flooding and natural subsidence likelihood.
Note, the flooding and natural subsidence concerns likelihood - for. more specifics an environmental search is needed
What is chancel repair liability?
Chancel repair liability affects properties in parishes with pre-reformation churches, where parishioners may share the cost of church repairs.
Indemnity insurance can cover this risk.
What optional searches can be performed?
Optional searches depend on circumstances and may include
- Highways searches
- Mining searches
- Environmental searches
- Utility provider checks
- Waterways searches.
When is a Highways Search suggested?
Optional Search
To show the boundary of the public highway on a map.
If it shows the property does not immediately abut the highway, it will be necessary to ensure there are appropriate rights of access.
Always suggested for commercial property. Only needed if there is doubt for residential property.
What does a coal mining search provide and when should it be used?
Optional Search
It identifies risk of subsidence and whether compensation has already been paid
Suggested for areas affected by coal mining listed in a gazetteer.
Use CON29M
When is a Cheshire Salt Searche suggested?
Optional Search
When property falls within an area subject to brine subsidence
When is a Tim, Clay & Limestone Search used?
Optional Search
Specifically for mineral indication, such as tin mines in Cornwall.
What search should be used for amore detailed environmental search with a site inspection?
Optional Search
Environmental Phase 1 Survey
This mauy indicate RISK of contamination.
When should an Environmental Phase 2 Survey be used?
Optional Search
Taken where Phase 1 indicates risk of contamination.
Soil and water samples are tested for contamination
If a property has known to have flooded in the past, what optional search should be carried out?
Optional Search
Flood Search
Where property is a new development or site for development, what search should be undertaken?
Optional Search
Contact Utility Providers and checks the property has benefit of utility connections.
How should enquiries be made if a railway passes near the property, or within proximity to a proposed railway
Optional Search
Enquiries can be made to Network Rail or the relevant train company (e.g. LNER)
Where a property has a river or canal passing through or next to it, what search should be used and for what reason?
Optional Search
Waterways Search
Searches show liability for maintenance, and liability for flooding.
What standard replies to enquiries are used for commercial property?
Standard replies for commercial property are known as CPSE1
What standard forms are used for residential property enquiries?
- Property Information Form (Form TA6) is used for general information such as boundaries, benefits, burdens, utilities, and planning issues.
- Fittings and Content Form (Form TA10) details included/not included items in the sale (e.g. kitchen equiptment etc…)
What search should be conducted if the property is unregistered?
Index Map Search