Pre-Contract Searches and Enquiries Flashcards
(20 cards)
Who usually carries out property searches?
Typically, the buyer’s solicitor, though the seller’s solicitor or lender’s solicitor may conduct searches in specific situations.
When are searches normally ordered?
As early as possible once contract papers are received and usually after money on account has been provided by the client.
What are the four standard searches in a conveyancing transaction?
Local authority search (LLC1 and CON29), drainage and water search, desktop environmental search, and chancel repair liability search.
What are examples of optional searches?
CON29O enquiries, highways search, mining searches (coal, tin, clay, etc), flood search, utilities, railways, and waterways.
What are the three components of the local authority search?
(1) CON29 – standard enquiries of the local authority, (2) LLC1 – local land charges search, (3) CON29O – optional enquiries.
What does the CON29 (standard enquiries) cover?
Planning permissions, building regulations, public rights of way, environmental notices, and road adoption.
What does the LLC1 search reveal?
Local land charges such as planning consents, enforcement notices, conservation areas, tree preservation orders, and listed building status.
What does the drainage and water search show?
Whether the property is connected to mains water and public sewers, and if both foul and surface water drain correctly.
What is the purpose of a desktop environmental search?
To identify historical contamination, flood risk, subsidence, and proximity to industrial use.
Why is the chancel repair liability search important?
Because it reveals whether the property is liable for potentially expensive repairs to the local parish church.
What is the purpose of a highways search?
To confirm whether the property abuts an adopted highway and identify rights of access.
What is the coal mining search (CON29M)?
A search in mining areas to check for subsidence risk and compensation history.
Why might a flood search be required in addition to a desktop environmental search?
To assess flood risk in more detail if the property has a known history of flooding.
What are the standard enquiry forms for residential transactions?
TA6 (Property Information Form) and TA10 (Fittings and Contents Form).
What are CPSE enquiries?
Commercial Property Standard Enquiries (CPSE1, CPSE2, etc) used in commercial transactions.
Can a seller refuse to answer enquiries?
Yes, especially if they lack knowledge (e.g., an executor), but they must not mislead or conceal defects.
What is the legal impact of misleading replies to enquiries?
It may give rise to a claim in misrepresentation if the buyer relied on the false information.
It may give rise to a claim in misrepresentation if the buyer relied on the false information.
That replies qualified with “not so far as the seller is aware” imply reasonable investigation by the seller.
What is a SIM (index map) search used for?
To confirm the extent of registered and unregistered titles—particularly where land is unregistered or divided.
What is a Central Land Charges search (Form K15)?
A search for land charges affecting unregistered land, carried out against the full names of sellers and past owners.
