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PLP > 3. Pre-Contract Enquiries > Flashcards

3. Pre-Contract Enquiries Flashcards

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1
Q

What does Phase I survey involve

A

Desktop study and site visit

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2
Q

When is a CON29M carried out

A

If postcode within mining area on Coal Authority website

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3
Q

When is a Chancel Repair Search carried out

A

If property not transferred for valuable consideration on/after 13th October 2013

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4
Q

Searches/steps that are compulsory for the BUYER only (not S)

A

Energy Performance Certificate and Structural Survey & Physical Inspection

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5
Q

CPSE sent to who

A

Seller’s S

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6
Q

Utility searches sent to

A

Via NLIS or direct to provider

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7
Q

Who is CON29 sent to

A

Via NLIS or direct to LA

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8
Q

Who is a Desktop Environmental Search sent to

A

Via NLIS or e.g. Searchflow

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9
Q

Search to show boundary of public roads

A

Highways Search

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10
Q

When carry out utility searches

A

If B instructs

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11
Q

Why carry out Commercial Drainage & Water search

A

Connected to mains; metered service; adoption agreement for mains/pipes

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12
Q

Why is CON29 carried out

A

Pub/Private roads; planning info wider than LLC1, environmental notices, and public right of way

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13
Q

When is a Company Search carried out

A

Purchasing from company

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14
Q

Who is a Waterways Search sent to

A

Via NLIS or letter to Canal & River Trust

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15
Q

Why is a Highways Search carried out

A

Boundary of public roads (to check property abuts + no right of access needed)

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16
Q

CON29O is sent to who

A

Via NLIS or direct to LA

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17
Q

Search to show BR, Pub/Priv roads, public RoW and environmental notices

A

CON29

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18
Q

Who carries out a valuation report

A

Valuer on behalf of lender

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19
Q

What CAs show on LLC1

A

After 31/08/1974

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20
Q

Why is CON29M carried out

A

Subsidence, coal mining, if there has been or is pending claim for subsidenc

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21
Q

Search for coal mining

A

CON29M

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22
Q

Who is CON29M sent to

A

Via NLIS or direct to Coal Authority

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23
Q

Who is a Highways Search sent to

A

LA

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24
Q

It is negligent not to search Common Land Register if open land

A

Ladenbau

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25
Seach for common land
CON29O
26
How does B get energy performance certificate
In CPSEs
27
Why CON29O carried out
Find out if common land on property
28
Why is CON29 insufficient, and need to carry out Desktop
CON29 only answers about serving of environmental notices (e.g. remediation), does not answer about contamination
29
Why is a Desktop Environmental Search carried out
Contamination; Classification as A/B; flooding; subsidence; land use within 250m radius
30
S cannot deliberately mislead in answering B's Qs
Gordon v Selico
31
What is the general rule when S sells to B
Caveat emptor
32
SIM sent to who
Via NLIS or direct to LA
33
Who is the Commercial Drainage & Water Search sent to
Relevant company
34
Search if Desktop flags potential contamination
Phase I
35
Gordon v Selico ratio
S cannot deliberately mislead in answering B's Qs
36
When is a full structural survey appropriate
Old + expensive
37
Why SIM
Shows registered land in the are + caution against 1st reg
38
Why is Chancel Repair Search carried out
For if maintenance of C of E Church
39
Which out of LLC1 and CON29 give more info on planning issues
CON29
40
Reply 'as far as S aware' suggests reasonable investigation case
William Sindall
41
Phase I/II Survey sent to
Via environmental search provider
42
Who is LLC1 sent to
Via NLIS or direct to LA
43
If Chancel Repair Search shows maintenance costs, what might S be asked
To buy chancel repair insurance
44
Who is Chancel Repair Search sent to
Via search provider or search National Archives
45
Search to find out responsibility of maintaining waterway
Waterways Search
46
What is a Homebuyer's survey
Residential, more details
47
Why is CH search carried out
To check solvency and charged assets of S
48
Why is CPSE carried out
Info from seller
49
What searches make up the 'Local Search'
LLC1 and CON29
50
Search to get info from S
CPSE
51
How many compulsory searches in total
10
52
Ladenbau ratio
It is negligent not to search Common Land Register if open land
53
How does CON29 give more info on planning issues
Inc. BRs, refused and pending PPs
54
William Sindall ratio
Reply 'as far as S aware' suggests reasonable investigation
55
Search to check for maintenance of C of E church
Chancel Repair
56
Why carry out Phase I Survey
Desktop flags potential contamination
57
Search to check connected to mains, metered service etc.
Commercial Drainage & Water
58
How many compulsory searches
8
59
Why is LLC1 carried out
PP, CA (after 31/08/1974), LB, Article 4, Enforcement/Stop notices, TPOs and smoke control
60
6 optional searches
CON29M, CON290, Company search, waterways search, Phase I/II Survey and Utility Searches
61
Who is a Company Search sent to
CH
62
8 compulsory searches by B's S
LLC1, CON29, SIM, Desktop, Commercial Water & Drainage, Chancel Repair, Highways and CPSEs
63
Search to check for (un)reg land + cautions against 1st reg
SIM
64
Why is it important to know if there is common land on the property
If there is, it cannot be built on
65
How many optional searches
6
66
Different levels of structural survey
Valuation report --\> Homebuyer's survey --\> Full structural survey
67
Search to show granted PP; CA; LB; Article 4; E/SN
LLC1
68
LA liability for CON29
Subject to exclusion clause, could sue LA in negligence
69
When is it safe to rely on LLC1
If less than 3 months old.
70
Why is CON29 to find out Pub/Priv roads useful?
For adoption + contribution by frontagers for 'adoptable standard'
71
Why carry out Waterways Search
Responsibility of maintaining waterway; rights of way/fishing rights.
72
Search if purchasing from company
CH search
73
LA liability for LLC1
If inaccurate/misleading, compensation
74
What can physical inspection show
Overriding interests, e.g. actual occupation
75
What does Phase II survey involve
Testing soil + water - very expensive
76
What if CON29M shows pending or past claim for subsidence
No further payments will be made for future claims
77
Search to check for potential contamination, land use within 250m radius, flooding etc.
Desktop
78
When is Phase II carried out
Phase I identifies actual/potential contamination
79
What search shows if connected to mains
CD&W
80
What search shows land use within 250m radius
DES
81
Date after which, if no valuable consideration + transfer, check Chancel Repair Search
13th October 2013

PLP (12 decks)

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