Report on title - searches Flashcards
What is the report on title?
It is the buyer’s solicitors’ report to their client to inform the client about the investigation of title, search results, and replies to enquiries
What key elements should the buyer’s solicitor’s report contain?
- Investigation of title
- Search results
- Replies to enquiries
What should the report identify about the property?
- Material facts about the property
- Issues and their implications
- Solutions
Is the buyer’s solicitor’s report confidential?
Yes, it is a confidential report to the client and should not be relied on by anyone else
Can the solicitor be held at fault if the report is not exhaustive?
No, the solicitor is not at fault as the report is based on reviewing title documents, search results, and planning documents
How should the information in the buyer’s solicitor’s report be presented?
In a form the buyer will understand
What is revealed on the CON29?
- Local authority records on planning and building regs
- Planning permissions - granted, refused, pending
- Intention to adopt roads
- Roads
- Public rights of way and roads
- Environmental notices - contaminated land
What are the standard searches?
- Local (CON29 and LLC1)
- Drainage and water
- Desktop environmental
- Chancel repair
- Land Charges search
- SIM
- Companies search if the seller is a company
What does the Local Land Charges (LLC1) search show?
- Listed status
- Article 4 directions
- Smoke control orders
- Conservation areas
- Light obstruction notices
- Tree preservation orders
- Granted planning permission/stop notices
- Other charges - drainage, fenland maintenance
What are Drainage and Water Enquiries?
Inquiries related to the drainage and water systems affecting the property - water in and out
What is a Desktop Environmental Search?
A search assessing potential liabilities for cleaning costs of contaminated land, flooding likelihood, subsidence susceptibility, and industrial land uses within 250m of the property.
What is Chancel Repair Liability?
The responsibility for the repair of pre-Reformation churches.
What is a Land Charges Search?
A search conducted for unregistered land only - K15
What is the purpose of the Search of the Index Map?
To check unregistered or registered land
What is shown on CON29O?
- common land/village green
- road proposals
- urban developments
- noise abatement zones
- AONB/national parks
- Pipelines
What are the optional searches?
- CON29O
- Highways search
- Coal Mining Search
- Cheshire Salt Search
- Tin, Clay and Limestone
- Phase I/Phase II survey
- Flood search
- Utility providers
- Railways
- Waterways
What does a Highways search determine?
Whether roads are adopted highway.
What is the purpose of a Coal Mining Search?
To assess the risk of subsidence, especially if compensation has already been paid.
What are Phase I and Phase II surveys?
Detailed environmental surveys; Phase II is conducted if Phase I indicates a risk of contamination.
When is a Flood Search necessary?
When the property is a new development.
How can most searches be conducted?
Most can be done via the National Land Information Service - register with a Channel Provider to access this
Channel providers - Searchflow, Big Property Data and Index
What should the buyer’s solicitor do if searches reveal planning permissions?
- Seek copies of planning permissions and building regulations approvals.
- Make additional enquiries into whether permissions have been implemented/works completed
What should be ascertained if the property does not abut a highway maintainable at public expense?
Whether the property enjoys ancillary rights in the title documents.
What is the risk if the local authority adopts the roadway?
The owner will be liable for bringing it up to adoptable condition.
