Pre-contract searches and enquiries: specific Flashcards
(15 cards)
what enquiries should be carried out only where appropriate? (12)
- environmental data search
- flood search
- chancel repairs search
- mines and minerals search
- index map search
- canal and river trust search
- commons search
- railways
- highways
- land charges department search
- company search
- bankruptcy search
what is the most common environmental search? Explain it.
there are different types, but the most common is a desktop search.
this looks at plans or area and info published by LA and environmental agency
what must the solicitor do if contamination is uncovered?
If contamination uncovered, advise specialist survey + insurance. Contamination expensive to clear. Negligent if improperly advised.
what is the aim of a flood search? Give an overview of the types of flood searches.
what insurance is available for certain types of property? which types of property?
Aim: ascertain if property can be insured at normal rate
Types:
* Free and not property specific
* Property specific for a fee
Government-back flood insurance ‘Flood Re’ is available for residential properties but not commercial properties (inc. buy-to-let)
what is chancel repair liability?
when will a property be liable to pay for chancel repairs?
if there is a concern the property might be liable to chancel repair, what are the options?
legal obligation for some landowners in Church of England Parishes to contribute to the cost of chancel repairs.
It lost overriding interest status in 2013. Now a property is only liable where:
o Reg land = purchaser for value after 13 October 2013 takes land free of liability unless protected by notice in the register
o Unreg land = in title deeds or protected by caution against 1st registration
Could undertake search and/or advise insurance
what are the mines and minerals and the locations in which they are present?
if the property is in a mine/mineral area, what should the solicitor advise?
- Mining undertaken with Coal Authority if property in mining area
- Tin & clay Cornwall, Devon, Somerset or Dorset
- Limestone West Midlands
- Brine & salt Cheshire
Advise surveyor check for subsidence + Index Map Search
when is an index map search carried out?
Undertaken where:
o Property unregistered
o Property may comprise of more than one registered title
o Where mines and minerals could be registered under different title
when is a canal and river trust search carried out?
what is the purpose of a canal and river trust search?
when the property is adjacent to a river/canal
checking if B responsible for repairs to waterway, bank, path etc
when and why is a commons search undertaken?
where the property is near a green field site or village green
the land might be affected by common rights e.g. right to pasture (i.e. livestock on field)
when is a railway search undertaken?
what is the purpose?
how is the search undertaken?
if the property is adjacent to a railway
to check whether there are any obligations to maintain boundary or any restrictions.
Network Rail won’t respond. B solicitor must:
o Search proposed railway plans (Optional LA search might uncover)
o Enquire with seller
when is an enquiry with the highways authority raised?
what does raising an enquiry with the highways authority involve?
Undertaken where there are queries about ownership of verges, pavements, forecourts.
Send map to highway authority and ask them to confirm maintainable highway
when and how is a land charges department search undertaken?
what will a land charges department search uncover? Why is this significant?
it is always undertaken in relation to unregistered land
Undertaken against name of S and previous owners citing their years (not specific days) of ownership (if not possible then up to 1926)
it will show any registered interests. This is significant because some interests are only protected if they are registered
what interests must be registered to be protected in relation to unregistered land? what type of charge are they registered as?
o C(iv) estate contract
o D(ii) restrictive covenant
o D(iii) equitable easement
o F home right
when is a company search carried out and what will this reveal?
if the seller is a company
Confirms company exists/not in liquidation + fixed/floating charges.
when and how will a bankruptcy search be undertaken?
Buyer might want to do. Lender will always want to do search.
o Searching individual = Land Charges Department
o Searching company = Companies House
