The Local Search Flashcards
What is the primary purpose of a local search in property transactions?
A. To confirm ownership of the property
B. To obtain legal and planning information from the local authority
C. To assess structural integrity
D. To confirm land boundaries
B. To obtain legal and planning information from the local authority
Explanation:
A local search provides crucial information on planning permissions, conservation status, road adoption, and other legal constraints affecting the property. It does not confirm ownership, which is done via title deeds or the Land Registry.
Which part of the local search confirms whether the property is in a conservation area?
A. CON29
B. Drainage and Water Search
C. LLC1 (Local Land Charges Search)
D. Index Map Search
C. LLC1 (Local Land Charges Search)
Explanation:
The LLC1 search reveals if the property is in a conservation area, subject to a tree preservation order, or part of a listed building register.
If a buyer wants to check whether roads leading to the property are adopted by the local authority, which search should be conducted?
A. Highways Search
B. Environmental Search
C. CON29O (Optional Enquiries)
D. Chancel Repair Search
A. Highways Search
Explanation:
A highways search confirms whether a road is maintained by the local authority or if the property owner is responsible for its upkeep.
What additional information does the CON29 search provide that the LLC1 search does not?
A. It provides a detailed history of ownership
B. It reveals pending planning applications and building regulations approvals
C. It confirms the property’s market value
D. It lists financial charges affecting the property
B. It reveals pending planning applications and building regulations approvals
Explanation:
The LLC1 search only reveals granted planning permissions, whereas the CON29 search also includes pending applications, refusals, building regulations approvals, and enforcement notices.
A solicitor’s local search reveals that a property is subject to a smoke control order. What does this mean for the buyer?
A. The property must undergo an air quality assessment before purchase
B. The property is subject to carbon emission regulations
C. The buyer cannot install a wood-burning stove
D. The buyer must use only approved fuels for heating
D. The buyer must use only approved fuels for heating
Explanation:
A smoke control order restricts the type of fuel that can be used to approved smokeless fuels to prevent air pollution.
A local search shows that a property is located in a conservation area. How should the solicitor advise the buyer?
A. The conservation area status expires after 10 years
B. Any alterations to the property may require additional planning permissions
C. The buyer must apply for special conservation tax relief
D. The property is exempt from permitted development rights
B. Any alterations to the property may require additional planning permissions
Explanation:
Properties in conservation areas face stricter planning controls, and many alterations that would normally be allowed under permitted development require special approval.
A buyer’s solicitor discovers that part of the land is registered as common land. What does this mean?
A. Other people may have rights over the land, limiting its development
B. The land is subject to agricultural restrictions
C. The buyer will need to apply for special land use permission
D. The land automatically converts to public property after sale
A. Other people may have rights over the land, limiting its development
Explanation:
Common land means members of the public may have legal rights, such as grazing or walking across it, which can limit development and private use.
A property’s CON29 search reveals that a public footpath runs through part of the garden. What impact does this have on the buyer?
A. The buyer can close off the footpath after purchase
B. The local authority automatically compensates the buyer
C. The buyer can apply to privatize the land without consent
D. The buyer must maintain public access unless a formal diversion is granted
D. The buyer must maintain public access unless a formal diversion is granted
Explanation:
A public footpath means the public has a legal right of access, and the buyer must maintain this unless they obtain an official diversion order.
A CON29 search reveals that the property is affected by a planning enforcement notice due to an unauthorized extension. What should the buyer’s solicitor do?
A. Advise the buyer to demolish the extension immediately
B. Inform the buyer that the issue will resolve automatically after 5 years
C. Recommend applying for retrospective planning permission
D. Proceed with the purchase without taking further action
C. Recommend applying for retrospective planning permission
Explanation:
If unauthorized works have been completed without planning permission, the buyer should apply for retrospective permission or risk enforcement action.
A local search shows that a property is subject to a chancel repair liability. What does this mean for the buyer?
A. The buyer could be legally liable for church repairs in the parish
B. The buyer must make an annual financial contribution to local conservation efforts
C. The liability only applies to properties built before 1900
D. The local authority will cover any repair costs
A. The buyer could be legally liable for church repairs in the parish
Explanation:
Chancel repair liability is an ancient obligation that requires some homeowners to contribute to church repairs if the property is within a parish with such obligations.
