Search/enquiry results Flashcards
what might B’s solicitor do following receipt of the results?
seek to amend the contract
what are common results?
- planning permission
- road adoption
- tree preservation order
- smoke control order
- conservation areas
- occupiers
if planning permission is uncovered, what must B’s solicitor do?
o Check if PP implemented and compliance with any conditions
o Obtain copy of PP from LA or S
o Check for enforcement, stop and completion notices
if non-maintainable highway is uncovered, what must B’s solicitor do?
o Establish maintenance costs and inform client
o Check whether any plans for LA to adopt the road and if so costs
o Agree any rights of use i.e. express easement
what is the issue regarding road adoption?
the adjoining land is not highway maintainable at public expense. Maintaining the road/bringing it up to adoption standard can be expensive.
if a tree preservation order is uncovered, what must B’s solicitor do?
o Advise client it is a criminal offence to lop/fell without LA consent
o Raise enquiry with seller
o Obtain copy of TPO and check compliance
if a smoke control order is uncovered, what must B’s solicitor do?
B’s solicitor must check doesn’t impact client’s intended use (i.e. fireplace)
if a conservation area is uncovered, what must B’s solicitor do?
B’s solicitor must advise difficult to change property
if occupiers are uncovered, what must B’s solicitor do?
B’s solicitor must require S to obtain agreement from occupier to release their right and vacate property
what must B’s solicitor do once they have received all the search results etc?
prepare a comprehensive report for the client
what is the purpose of the client report?
To provide the client with comprehensive + clear understanding of findings. Allows client to make informed decisions.
what information is included in the report?
- property description
- title investigation findings
- search results
- issues and risks
- legal advice
- recommendations
- financial considerations
- timeline
