Searches and Enquiries Flashcards
Why are pre-contract searches necessary?
A. To check the buyer’s financial status
B. To negotiate a lower purchase price
C. To confirm the property is newly built
D. To ensure the property’s legal and physical condition is satisfactory before exchange
D. To ensure the property’s legal and physical condition is satisfactory before exchange
Explanation: Pre-contract searches are conducted due to the principle of buyer beware, which places the responsibility on the buyer to investigate the property before being contractually bound. These searches identify any legal or physical defects that may affect the value or use of the property.
Which of the following searches is always required in a property transaction?
A. Railway search
B. Local authority search
C. Flood risk search
D. Commons registration search
B. Local authority search
Explanation: A local authority search is essential in every transaction as it provides information on planning permissions, building regulations, road proposals, environmental concerns, and legal restrictions that may affect the property.
What does a drainage and water search confirm?
A. If the property is connected to the public water supply and sewer system
B. If there is a risk of groundwater flooding
C. If the property has rights to extract and use water from a nearby river
D. If the property has access to a private water supply
A. If the property is connected to the public water supply and sewer system
Explanation: The drainage and water search is conducted with the local water company and confirms whether the property is connected to mains water and sewer services or relies on private drainage.
Which of the following searches is most relevant for properties near historical industrial sites?
A. Chancel repair liability search
B. Environmental search
C. Highways search
D. Mining search
B. Environmental search
Explanation: An environmental search identifies potential land contamination, flooding risks, and subsidence risks based on past land use, making it crucial for properties near historical industrial sites.
What is the main purpose of a chancel repair liability search?
A. To check whether a property is located in a flood-risk area
B. To determine if a property has an outstanding mortgage
C. To identify if the owner is liable for contributing to the maintenance of a local church
D. To confirm if a property has access to a public highway
C. To identify if the owner is liable for contributing to the maintenance of a local church
Explanation: Chancel repair liability is an historic legal obligation requiring some property owners to contribute to the maintenance of a local Church of England parish church, making this search essential in affected areas.
A buyer is purchasing a property in a rural area where there are known issues with coal mining subsidence. Which search should be conducted?
A. Land Charges search
B. Environmental search
C. Coal mining search
D. Local authority search
C. Coal mining search
Explanation: A coal mining search is necessary in areas with past or present mining activities to identify potential risks such as subsidence, ground instability, and contamination.
A buyer is purchasing a new-build property in a large housing development. Which search is particularly relevant in this situation?
A. Chancel repair liability search
B. Tin mining search
C. Flood risk search
D. Highways search
D. Highways search
Explanation: A highways search checks whether roads and pathways near the property are adopted and maintained by the local authority or if future costs could fall on property owners.
A buyer’s solicitor orders a local authority search, but it does not reveal the presence of a proposed high-speed railway that will run near the property. Which search should have been ordered?
A. Railways search
B. Utilities search
C. Chancel repair search
D. Drainage and water search
A. Railways search
Explanation: A railways search checks for existing or planned railway lines, including High Speed Two (HS2), Crossrail, and London Underground expansions, which may affect noise levels and property value.
A solicitor conducting a title investigation finds a restriction on the property requiring third-party consent before it can be sold. Where would this be found?
A. The local authority search
B. The proprietorship register
C. The drainage and water search
D. The chancel repair liability search
B. The proprietorship register
Explanation: Restrictions on sale are recorded in the proprietorship register of a registered title, requiring third-party consent before a transaction can be completed.
A client is purchasing a property in an area affected by past limestone quarrying activities. Which search should the solicitor conduct?
A. Cheshire salt search
B. Tin mining search
C. Limestone search
D. Index map search
C. Limestone search
Explanation: A limestone search checks for ground instability and subsidence risks in areas with historical limestone quarrying activities.
