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SQE1: Property Practice > Pre-Contract Searches & Enquiries > Flashcards

Pre-Contract Searches & Enquiries Flashcards

1
Q

Who carries out the pre-contract searches & enquiries?

A

The buyer’s solicitor

Nb. Lender’s solicitor will do a company search & bankruptcy/insolvency search

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2
Q

What is the purpose of a survey/personal transaction & which transactions is it done for?

A

To assess physical condition of the property

Done for: All transactions (type & level of detail required will vary)

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3
Q

What is the purpose of a local search?

A

To identify matters imposed or known by the local authority

→ Local land charges search (LLC1): any financial charges / restrictions imposed by public authorities

→ Standard enquiries (CON29): planning permissions, liability for road repair etc.

→ Optional enquiries (CON29O): depending on locality of property (eg. rights over common land)

Done for: All transactions (but CON29O only where appropriate)

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4
Q

What is the procedure for a local search?

A

LLC1 (local land charges search) + CON29 (standard enquiries) + CON29O (optional enquiries) where appropriate to the Local Authority

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5
Q

What is revealed by a local land charges search (LLC1)?

A

Any financial charges or restrictions imposed by public authorities under statute

(eg. planning consents, tree preservation orders, conservation area designation orders)

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6
Q

What is revealed by a standard enquiries local search (CON29)?

A

Matters known to local authority, eg. planning permissions, restrictions on permitted development (Article 4 GPDO), whether contaminated, liability for road repair

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7
Q

What is the purpose of a water & drainage search? When should it be carried out?

A

To establish connection to public sewers & water supply

CON29DW / CommercialDW

Done for: All transactions

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8
Q

What is the purpose of pre-contract enquiries to the seller?

A

To get info that the owner/occupier of the property would be expected to know

eg. any disputes re property; third parties occupying, compliance with covenants

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9
Q

What is the purpose of environmental searches? When should they be carried out?

A

To identify contaminated land

Done for: All transactions (desktop / risk screening searches)
Additional environmental searches where risk identified

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10
Q

What is the purpose of flood searches? When should they be carried out?

A

To identify whether property is at greater than normal risk of flooding

Done for: All transactions (risk screening searches)
More detailed report necessary only where risk identified

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11
Q

What is the purpose of a chancel repairs search? When should it be carried out?

A

To identify potential liability to pay for repairs to chancel of CofE parish church

Done for: Unregistered land or where no disposal for value of registered land since 13 Oct 2013

Nb. may be more cost efficient to just get insurance

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12
Q

What is the purpose of a coal mining search? When should it be done?

A

To establish whether property is in coal mining area & if there has been a subsidence claim

Send CON29M to Coal Authority

Done for: properties in a coal mining area &/or with a mines & minerals reservation in the title

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13
Q

What is the purpose of a Canal & River Trust search? When should it be done?

A

To establish liability for maintenance of waterways, banks, towpaths

Done for: property adjacent to canal / river

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14
Q

What is the purpose of a Commons search? How is it done?

A

To check if property is not protected as common land / town & village green

Done by completing enquiry 22 of the CON29O to the LA

Done for: property adjacent to open land

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15
Q

What is the purpose of a railways search? When is it done?

A

To establish liability for boundary maintenance &/or restrictions on use

Done for: where land adjoins railway line

Nb. Not a general search - owner can raise specific q with National Rail; CON29 local search shows if property affected by a proposed railway scheme

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16
Q

What is the purpose of a Highways search? When is it done?

A

To establish whether verges & pavements are publicly maintainable

Done: where there is apparently privately owned land separating property & highway

17
Q

What is the purpose of an Index Map search? When is it done?

A

To see if the land is already registered

Form SIM to Land Reg

Done for: property which appears to be unregistered &/or where there is a mines & minerals reservation

18
Q

What is the purpose of a Land Charges search? When & how is it done?

A

To see if certain types of incumbrance have been protected by registration against relevant estate owner (if so, will be binding)

Form K15 to Land Charges Dept

Done for: unregistered property

19
Q

When is a Company search done & who is it carried out by?

A

Where seller is a company

Done by lender’s solicitor to check seller has capacity to enter into contract, whether there are any fixed/floating charges that will need to be discharged

Also done by buyer’s solicitor against all corporate estate owners as part of investigation of title where property unregistered

20
Q

What is the purpose of a bankruptcy/insolvency search? How is it done, & by who?

A

To check no insolvency or bankruptcy proceedings

Done by lender’s solicitor in all transactions

Individuals: K16 to Land Charges Dept
Company: Company search to Companies House

21
Q

What action should the buyer’s solicitor take if the searches & enquiries reveal any planning permissions?

A

Obtain a copy of the planning permission & check whether any conditions would prevent proposed plans or have been breached

22
Q

What action should the buyer’s solicitor take if CON29 shows there is no automatic right to use the adjacent roads?

A

Establish how buyer will have right to use road:

  • Is there an easement?
  • Ask seller whether any current private arrangements, & if so the relevant contributions
23
Q

What action should be taken by buyer’s solicitor if CON29 shows that road is to be adopted & made up at cost to buyer?

A

Establish when LA intends to adopt road & likely cost

Survey on current state of road

24
Q

What should the buyer’s solicitor do if the LLC1 shows there is a tree preservation order?

A
  • Inform buyer (criminal offence to fell TPO tree without LPA consent)
  • Ask seller for copy of TPO & ensure compliance
25
Q

What should the buyer’s solicitor do where there is an adult occupier other than the seller in the property?

A

Require the seller to obtain a release of all rights in the property & an agreement to vacate on/pre completion (usually dealt with in the contract)

SQE1: Property Practice (12 decks)

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