Property Searches Flashcards
What six searches and enquiries are relevant to every property?
(1) Professional survey and personal inspection;
(2) The local search (LLC1 and CON29);
(3) Water and drainage search;
(4) Pre-contract enquiries of the seller;
(5) Environmental searches;
(6) Flood search
What are the main differences between the LLC1 and CON29?
LLC1: Financial charges and restrictions only (e.g. planning consent, tree preservation orders);
CON29: More detailed, any planning permission (even if rejected), restrictions on development, whether land is contaminated etc.
LLC1 focuses on what the public authority has done to the property, CON29 is more general.
What is covered by the LLC1 and CON29 respectively?
o CON29:
- planning permission – granted, rejected, pending
- building regulations – approvals, completions certificates, details of contravention
- rights of way and public footpaths
- environmental notices
- roads that abut property and whether they’ll be adopted
o LLC:
- planning permission granted
- enforcement/stop notices
- conservation area
- Listed building status
- GPDO/Article 4
What does the water and drainage search reveal?
Whether the property is connected to a public sewer and whether the property is connected to a public water supply.
Also, shows whether the burden of maintaining the sewage and water pipes is on the local authority or on the home owner.
What is the purpose of the pre-contract enquiries? What obligation is there on the seller?
Purpose: ask more specific questions about the property, e.g. any ongoing disputes, planning permissions etc;
Obligation: Cannot mislead, however, no obligation to reveal everything (unless it isn’t something that could have been revealed on a reasonable inspection). Any answers they provide, though, must be accurate.
What is a flood search?
Simply assesses the risk of flooding.
Used in all property transactions, highly pertinent when the property is situated near a river or coast.
What is the chancel repairs search?
Shows whether the property is burdened with the need to repair a church.
Overriding if created before 13 October 2013, so most firms opt to conduct this search.
Why would a canal & river trust search be used?
If the property is situated near a river or canal, this search will be made to reveal any liability for repairs to the maintenance of the waterways.
When is a mining search utilised and why?
When a property is purchased in a coal mining area to see if there has been any underground mining.
What is a commons search and when is it used?
Checks to see if land is protected as common land or a town and village green.
Is to be used when a property is adjacent to a large green space.
What search should be undertaken if the seller is a company?
A company search at companies house, confirming the details of the company and checking whether there were any fixed or floating charges secured on the property.
What is an index map search and when is it used?
It is used in unregistered land to see if the land/part of it is already registered, has registration pending, or if there is a caution against first registration.
How do you search for land charges in unregistered land?
K15 search shows all land charges against the seller of the land.
