U2. Searches and Enquires RESULTS Flashcards
What should be asertained if following the highway search, the property does not abut a highway maintainable at public expense?
What is the future risk of property not having a highway abut at maintainable at public expense?
- Ascertain whether the property enjoys suitable ancillary rights in the title document.
- There is a risk that in the future the owner of the property (known as frontages) may be liable for costs of bringing it into an adoptable condition.
What should you do if after a highway search on a newbuild property, the property is found not to abut a highway maintainable at public expense?
Agree in contract with the developers to bring the roads to an adoptable standards.
If roads are to be private, there should also be an agreement between the local authority and the local highway that they will bring the roads up to an adoptable standard, supported by a financial bond to cover the developers obligations should they become insolvent.
What should you do if following the water and drainage search, it is found foul and surface water from the property do not drain to public sewers?
Enquires should be made about the alternative arrangements (For example, is there a private septic tank.
What should you do if following the water and drainage search, it is found foul and surface water from the property do not drain to public sewers in a newbuild development?
The developer should agree in the contract to make the sewers up to an adoptable standard without costs to the buyer.
There should also be an agreement between the developer and the waterauthority, supported by a financial bond to cover the developers obligations should they become insolvent.
Failing an agreement and bond, a mortgage lender may seek to make a retention from the mortgage advance to cover the potential cost.
What 2 things should you do as the buyers solicitor if there is a tree preservation order?
Details of the order and the protected trees should be ascertained.
The buyer should be made aware that it will be a criminal offence to lop or fell protected trees.
What is a smoke control order?
A smoke control order is a very common and relatively uncontroversial type of local land charge, which is not normally a concern to the buyer.
The pratcal impliacation is that only smokeless or authorised fuels may be combusted on the property
What is the result of a property being a listed building or in a conservation area?
If a building is listed or is in a conservation area, the use and development of the property may be limited, and it will be more difficult to make changes that would be relatively straightforward to make normally
What happens if there is adult occupiers (non-owning) in the property being sold?
To relsease any beneficial interest or statutory rights they may have, they should sign a waiver / release of their rights and an agreement to vacate on completion.
What should the buyers solicitor do if the local search or replies to pre-contract enquires reveals works have been carried out on the property?
The buyers solicitor should seek from the sellers solicitor copies of all:
1. Planning permissions, 2. Building Regulations approvals, and 3. The associated certificates of compliance/completion certificates.
The buyers solicitor should then raise inquiries as to whether the planing permission has been implemented with conditions complied with, or if any notices have been served or if any action is anticipated (For breaching planing permission etc)
What is the National Land Information Service?
It is a collaboration between local authorities in England and Wales, HM Land Registry, Water Companies, and other organisations such as companies house, The environment Agency and the Coal Authority.
It brings information held by them together to make search process easier and cheaper.
This information is accessed through service providers known as ‘Licensed Channels’.
