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FLK 1 > PLP - Pre-Contract Searches and Report on Title > Flashcards

PLP - Pre-Contract Searches and Report on Title Flashcards

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1
Q

What is the purpose of a report on title?

A

To summarise material facts, identify issues and implications, and advise the client before exchange of contracts.

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2
Q

What should be included in a report on title?

A

Search results
Replies to enquiries
Matters benefiting/burdening the property
SDLT, insurance, planning/building regs
Limitation of liability
Summary

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3
Q

How does the report limit solicitor liability?

A

Includes disclaimers, e.g.

Not advising on value
Not inspecting the property
Recommending a survey if not already done

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4
Q

What is the legal effect of the report on title?

A

Confirms the solicitor’s due diligence and protects them from negligence claims where risks were disclosed or couldn’t reasonably be discovered.

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5
Q

A solicitor is preparing a report on title. Which of the following approaches will best help the solicitor meet its conduct requirements?

A

Giving the client all material information of which the solicitor has knowledge in a way that the client can understand.

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6
Q

From where would you order any official searches from?

A

A channel provider, such as SearchFlow

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7
Q

List the 4 main standard searches.

A

Local authority search (CON29 + LLC1)
Drainage and water search
Desktop environmental search
Chancel repair liability search

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8
Q

What does the CON29 local authority search include?

A

Planning permissions, building control, roads, public rights of way, environmental notices.

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9
Q

What does the LLC1 local land charges search check?

A

Registers of listed building status, tree preservation orders, conservation areas, planning enforcement etc.

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10
Q

What does the drainage and water search check?

A

Whether the property connects to mains water/sewer and how drainage is managed.

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11
Q

What is checked in the desktop environmental search?

A

Past land use, flood risk, contamination, nearby industrial uses, landfill within 250m.

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12
Q

What are 3 optional searches based on location or risk?

A

Coal mining (CON29M)
Flood risk
Highways search (if access is unclear)

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13
Q

What is CON29O used for?

A

Optional enquiries like commons land, road proposals, national parks, or noise zones.

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14
Q

What does a highways search confirm?

A

Whether the property borders an adopted public highway and whether there’s access.

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15
Q

What does the utility providers search do?

A

Checks connection to electricity, gas, telecoms, broadband etc. – usually for new developments.

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16
Q

When is a railway search appropriate?

A

If a railway line or HS2 passes nearby – checks issues like rights of access and construction impact.

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17
Q

What is the purpose of waterways search?

A

Checks liability for river or canal banks, rights of way, and potential flooding.

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18
Q

What is the purpose of the index map search (SIM)?

A

To check whether land is registered, part-registered, or subject to pending first registration. Also used to confirm the boundaries and identify overlapping titles or mineral rights.

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19
Q

What is MapSearch and how does it differ from SIM?

A

Free online map of registered titles – useful but not official or guaranteed.

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20
Q

What is the Central Land Charges search (Form K15)?

A

Search of the names of seller and prior owners in unregistered land (not the same as LLC1).

Rights like restrictive covenants may be registered against earlier owners and still bind the land now. That’s why you must search each name.

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21
Q

When is a bankruptcy search (K16) needed?

A

If the seller is selling below market value or if the buyer is taking a mortgage.

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22
Q

Why is a companies search required if the seller is a company?

A

To confirm the company still exists and check for any registered charges.

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23
Q

Why must all searches be done early in the transaction?

A

Some take weeks – delay could risk exchange before key risks are revealed.

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24
Q

Where would you expect to find out whether a public footpath crosses a property?

A

The Local Authority Search Result (CON29).

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25
What does CON29 (Local Authority Search) reveal?
It reveals standard information about the property and its surroundings, including: Building regulation approvals (1.1(f)) Planning decisions Roads and public rights of way Environmental notices Nearby road schemes Contaminated land
26
What does CON29O (Optional Enquiries) reveal?
27
Certificate of title?
It is for hte lender - final form before/on completion
28
I think you do the certificate of title and report on title at the same time
29
When is planning permission needed?
Whenever there is development, unless excepted: - building works only affecting the interior of the building; or - building works that do not materially affect the external appearance of the building; or - changes of use that are within the same use class
30
B2
General industrial
31
C1
Hotels
32
C2
Residential institutions
33
C3
Dwelling houses
34
E
Commercial, business and service
35
F1
Learning and non-residential institutions
36
F2
Local community
37
Sui generis
Miscellaneous - not in any use class - any change to or from that use will require planning permission
38
What is the GPDO 2015?
General planning permission - certain development allowed without planning permission It can be excluded or amended in a locality by an Article 4 direction If proposing to rely on the GDPO - make an enquiry of the local authority - part of local search
39
When would you apply for a certificate of lawfulness?
When unsure if a development falls within the GDPO. Not planning permission but confirms that the work either: - doesn't constitute development; or - if it does, that it falls within the GDPO
40
Grade I listed buildings
Buildings of exceptional interest
41
Grade II* listed buildings
Particularly important buildings of more htan special interest
42
Grade II listed buildings
Buildings of special interest
43
Listed buildings
Buildings of special architectural or historic interest. Listed building consent required to demolish, alter or extend a lsited building
44
Conservation areas
Areas of special historic or architectural interest, the character or appearance of which is desirable to preserve or enhance
45
Effects of a conservation area
GDPO restricted - changes to external appearance may require planning permission. England - planing permission needed to demolish even an unlisted building Wales - conservation area consent needed to demolish an unlisted building Consent needed to cut back or cut down trees
46
Buildings regulations
Concerned with health and safety
47
When does a breach of planning control occur?
IF: a) development has taken place without PP; or b) a condition or limitation of planning permission has been breached
48
Why must buyer's solicitor check for breaches of planning control?
Enforcement is against the current land owner rather than the person who caused the breach
49
Enforcement notice
Local authority gives 28 days notice that: - land must be restored to condition it was in before unauthorised development; or - it complies with any conditions or limitations imposed by planning permission; or - after 28 days, the land owner may be fined, and the LA can enter the land to carry out hte work, recovering expenses from the land owner
50
Stop notice
Can only be served after serving an enforcement notice Canot prohibit use as a dwelling house or any activity that has been carried out more than four years
51
Breach of condition notice
Similar to enforcement notice - but only concerned with breach of conditions or limitations to planning permission
52
Injunction
LA can apply to court. Discretionary. LA must show good reason
53
How does a breach of condition notice differ from an enforcement notice?
It only concerns breach of planning conditions or limitations, not unauthorised development generally.
54
What must the local authority show to obtain an injunction?
Good reason – injunctions are discretionary and require court approval.
55
What are the enforcement time limits for works completed before 25 April 2024?
4 years: Building works (from date substantially completed) Change of use to single dwelling house (from date use began) 10 years: Other changes of use Breach of planning condition
56
What is the enforcement time limit for any breach completed on or after 25 April 2024?
10 years – applies to all building works and changes of use (including to single dwelling house)
57
How does the court treat intentional concealment of development when calculating enforcement time?
Time runs from when the concealment ends. Concealment delays the start of the enforcement clock.
58
What is the effect of a property being in a conservation area?
Any planning permission granted for development is likely to be subject to more onerous conditions than if the property was outside of the conservation area and the Local Planning Authority (LPA) may have made an Article 4 Direction.
59
When is building regulation consent required?
- Erection or extension of a building - Installation or extension of a service or fitting that is controlled under the BR (e.g. windows, boilers) - work required where there is a material change of use of the whole building
60
Time limit for prosecuting breaches of building regulations?
England - no time limit Wales - LA has 6 months after discoevring breach to prosecute the perosn responsible in Mags'. Unlimited fines can be imposed Prosecution may take place up to two years after completion of the building work
61
Building regulations enforcement options
LA has 10 years in England - or 1 year in Wales - after completion of the building work to serve an enforcement notice. This gives the land owner a specified time period to alter/remove the work.
62
Building regulations time period for injunction
no time limit if the work is unsafe
63
Good advice to give client where they are buying house where BR consent has not been obtained
Request that the seller obtains a Regularisation Certificate before completion
64
Planning Enforcement Notice
Non-compliance could result in a fine and the local authority carrying out the necessary work at the land owner's expense.
65
When is CPSE 1 used?
Applies to all commercial property transactions.
66
When is CPSE2 used?
When the property is subject to commercial tenancies, e.g. purchase of an office block or industrial estate with tenants.
67
When is CPSE3 used?
Applies on the grant of. anew lease
68
What forms are used under the Law Society Conveyancing Protocol in residential transactions?
TA6 (Property Information Form) and TA10 (Fittings and Contents Form), plus others depending on leasehold or new build.
69
When is the TA6 form used?
Always used in residential sales. Covers: boundaries, rights affecting the property, disputes, alterations, planning, occupiers, utilities, and energy efficiency.
70
When is the TA10 form used?
Always used to list fittings and contents included or excluded from the sale, and items that may be bought separately.
71
When is the TA7 Leasehold Information Form used?
When the property is a long leasehold, e.g. a flat with a 99-year lease.
72
When is the TA8 New Home Information Form used?
When the property has been newly built.
73
What is a major update in the new TA6 form?
It now has two parts: Part 1: completed by the seller and used in marketing. Part 2: specific to the conveyancing process.
74
When may a buyer’s solicitor raise additional enquiries in a commercial transaction?
At any time — freely — but the seller’s solicitor can decline to answer if the enquiry is irrelevant or burdensome.
75
When may a buyer’s solicitor raise additional enquiries in a residential transaction using the Protocol?
Only to clarify issues from the documents, or relevant to: Title Existing or planned use Location of the property Search or survey results They should not ask about the general condition of the building unless linked to searches or surveys.
76
Can a seller be liable for omitting or misleading in replies?
Yes — if they deliberately mislead or conceal defects, or answer dishonestly.
77
What must a seller do when answering “so far as the seller is aware”?
They must have made reasonable investigations. If not, they should say so in the reply.
78
What are the two remedies for misrepresentation in replies to pre-contract enquiries?
Rescission of the contract Damages
79
When can a buyer rescind a contract due to an incorrect reply?
Only if: The error/omission was due to fraud or recklessness, or The buyer is prejudiced into accepting a materially different property (in quantity, quality, or tenure).
80
Who requests the CPSEs?
The buyer's solicitor
81
What should a seller’s solicitor do with stock phrases like “not so far as the seller is aware”?
Use with caution and ensure the seller has actually made reasonable investigations. All replies must be approved before sending.
82
Do replies to enquiries replace the need for searches or inspections?
No. They are useful but must be treated with caution and do not replace searches or due diligence.
83
What must a solicitor do under the Law Society Conveyancing Protocol if replies to enquiries were completed more than two months earlier?
They must confirm and update the replies where necessary to ensure they remain accurate before exchange. (Protocol, para 15)
84
Is the Protocol compulsory?
No, it is voluntary for all solicitors — except for those with Conveyancing Quality Scheme (CQS) accreditation, where it is mandatory.
85
Is the Protocol appropriate for new build homes?
No. It is not appropriate for new build transactions.
86
What is Step 14 of the Protocol?
If searches are delayed, the seller’s solicitor must inform the buyer’s solicitor and give a timeline for when searches will be submitted.
87
What must the seller’s solicitor do if replies to enquiries are more than two months old?
Confirm and update them where necessary to ensure they are still accurate (Protocol para 15).
88
What enquiries breach the Protocol?
Using non-protocol standard enquiries indiscriminately Asking for the seller’s opinion rather than facts
89
What are the consequences of breaching the Protocol?
CQS-accredited solicitors may face: Monitoring Removal from the Conveyancing Quality Scheme The Law Society may require an explanation
90
What are solicitors agreeing to when adopting the Protocol?
To comply with its terms To act within its spirit
91
What is the LSCP applicable to?
Residential conveyancing transactions only!!!!! but not new-build homes

FLK 1 (23 decks)

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