Pre-contract searches and enquiries: essential Flashcards
(10 cards)
what searches should be carried out in all transactions? (5)
- surveys
- local land charges search
- local authority search
- water and drainage search
- enquiries with seller
what are some types of survey? (3) give an overview of each
o Full structural = advise if alterations planned
o Homebuyers’ valuation and survey = cheaper + basic/essential advice
o Valuation survey = required by lender to determine if property offers adequate security
what is a local land charge? Give examples.
Local land charges are financial charges or restrictions on land that have been imposed by public authorities under statute, i.e.:
o Drainage works
o Planning consent conditions
o Tree preservation orders
o CPOs
what does the local authority searches consist of?
Standard enquiries + optional enquires
give examples of some optional enquiries in an LA search
covers diverse matters i.e. rights over common law, pollution
who is the water and drainage search undertaken with?
Search with statutory undertakers
give examples of some standard enquiries in an LA search (7)
- planning permission
- building regulations
- proposals for road schemes
- restrictions on development
- contamination
- repair
- enforcement/stop notices
what does a water and drainage search uncover?
Reveals if drains/sewers adopted and/or connected to public supply. If not, B responsible which is expensive.
what enquiries are raised of the seller? Give examples.
Standard enquiries but can ask additional i.e.: disputes, occupation, covenants, planning permission, boundary maintenance
what are the seller’s obligations in relation to enquiries?
they are not obliged to answer (apart from providing title information), but this may frustrate the sale. If they provide information, it must be correct otherwise this may amount to misrepresentation.
