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FLK 2: Property Practice > Topic 4 - Pre-searches and Enquiries > Flashcards

Topic 4 - Pre-searches and Enquiries Flashcards

(72 cards)

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1
Q

What is the purpose of a report on title?

A

To report to the client on the investigation of title, search results, and replies to enquiries

A report on title can take the form of a letter or a standalone document.

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2
Q

What does the principle of ‘caveat emptor’ imply for buyers?

A

Once contracts are exchanged, the buyer has no means of objecting to issues that arise.

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3
Q

What should the report on title state regarding the solicitor’s liability?

A
  • It should state that it is based on reviewing title documents, search results, and replies to enquiries.
  • Limitations of liability should be clearly set out.
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4
Q

What does CCS 6.4 require from solicitors?

A

To ensure that the client is made aware of all information material to the matter of which they have knowledge.

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5
Q

What does CCS 8.6 require from solicitors?

A

To give clients information in a way that they can understand.

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6
Q

What is the purpose of pre-contract searches?

A

To find out as much as possible about a property before the buyer becomes contractually committed.

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7
Q

Who usually carries out searches for a property?

A

Usually the buyer’s solicitor.

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8
Q

What is a ‘local search’?

A

Enquiries of the local authority covering matters related to the property.

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9
Q

What are standard searches that must be conducted?

A
  • Local search (CON29)
  • Drainage and water enquiries
  • Desktop environmental search
  • Chancel repair liability
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10
Q

What is the purpose of the drainage and water search?

A

To check if the property drains to a public sewer and is connected to mains water supply.

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11
Q

What does the desktop environmental search indicate?

A

Potential contamination of land and likelihood of flooding.

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12
Q

What is chancel repair liability?

A

Responsibility for the repair of a church roof shared between the church and parishioners.

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13
Q

What does a highways search reveal?

A

Whether roads included in the search are adopted highway maintained by the local authority.

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14
Q

What is the purpose of a coal mining search?

A

To identify the risk of subsidence in areas subject to coal mining.

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15
Q

What is the difference between a Phase 1 and Phase 2 environmental survey?

A
  • Phase 1: Desktop search, no site inspection
  • Phase 2: Involves site inspection and testing soil/water samples.
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16
Q

What information does the local land charges search (LLC1) provide?

A
  • Planning permissions
  • Planning enforcement or stop notices
  • Tree preservation orders
  • Conservation areas
  • Listed building status
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17
Q

What is the significance of Form TA6 in residential property transactions?

A

Contains information about boundaries, alterations, work done, and neighbour disputes.

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18
Q

What should the buyer’s solicitor do if they identify issues during their investigation?

A

Raise additional enquiries with the seller’s solicitor.

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19
Q

What is the purpose of the Index Map Search (SIM)?

A

To show the extent of registered titles and unregistered land within the area searched.

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20
Q

What is a bankruptcy search (K16)?

A

Carried out against the seller to check if they have gone into liquidation or been dissolved.

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21
Q

True or False: A seller can decline to answer enquiries if they have no knowledge of the property.

A

True

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22
Q

What are searches and enquiries used for in property transactions?

A

To build up a completely full picture of the property

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23
Q

What is the local search?

A

A combination of various searches including the local land charges search (LLC1) and local authority enquiries (CON29 and CON29O)

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24
Q

What does the local land charges search (LLC1) reveal?

A

Planning information about the property

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25
What is indicated by a property being in a conservation area?
More onerous conditions for carrying out work on the property
26
What does an Article 4 direction do?
Narrow the effect of the General Permitted Development Order, requiring formal planning permission for even minor works
27
What is the purpose of the CON29 and CON29O forms?
To make standard and optional enquiries of the local authority regarding the property and surrounding area
28
What type of information does the CON29 provide?
Details about planning permissions, building regulations, and notices served under planning legislation
29
What is the difference between LLC1 and CON29?
LLC1 reports on planning charges while CON29 provides broader information including refusals and applications
30
What is the significance of roads in the CON29?
It indicates whether adjacent roads are adopted public highways
31
What does the CON 29 tell you about contamination?
If the local authority has served a notice regarding contaminated land
32
What is the main focus of the CON29O form?
Additional enquiries about the property and surrounding area
33
What is the Town and Country Planning Act 1990's definition of 'development'?
Carrying out of certain building works on land or a material change of use of the land
34
What are the exceptions to when planning permission is needed?
* Interior works * Works not materially affecting external appearance * Changes within the same use class
35
What are use classes according to the Town and Country Planning (Use Classes) Order 1987?
Categories for classifying different types of land use
36
What does 'sui generis' mean?
Uses that do not belong to a use class
37
What is the General Permitted Development Order 2015 (GPDO 2015)?
Allows certain development without planning permission under specific conditions
38
What is required if GPDO 2015 is excluded in a locality?
Planning permission is needed for proposed development
39
What are listed buildings?
Buildings of special architectural or historic interest
40
What are the three grades of listed buildings?
* Grade I: Exceptional interest * Grade II*: More than special interest * Grade II: Special interest
41
What is required to alter or extend a listed building?
Listed building consent
42
What is the purpose of conservation areas?
To preserve or enhance areas of special historic or architectural interest
43
What effect does being in a conservation area have on property development?
Changes to external appearance may require planning permission
44
What are conservation areas?
Areas of special historic or architectural interest, the character or appearance of which it is desirable to preserve or enhance. ## Footnote The local authority is responsible for designating these areas.
45
What is the effect of being in a conservation area?
* GPDO restrictions apply * Planning permission is needed to demolish unlisted buildings in England * Conservation area consent is needed in Wales for demolishing unlisted buildings * Consent required to cut back or cut down trees
46
What are the key components of the Building Regulations 2010?
* Erection or extension of a building * Installation or extension of controlled services or fittings * Work required for material change of use
47
What is required before carrying out work covered by building regulations?
Building regulations consent is needed, separate from planning permission.
48
What is a building regulations certificate of compliance?
Issued by a building control inspector if the work complies with building regulations.
49
What are self-certification schemes?
Schemes allowing certain types of work to be certified as compliant by registered installers.
50
What constitutes a breach of planning control?
* Development without planning permission * Breaching a condition or limitation of planning permission
51
What is an enforcement notice?
A notice given by the local authority requiring restoration or compliance with planning permissions.
52
What is a stop notice?
Requires specified activities to stop immediately after an enforcement notice is served.
53
What happens if planning control breaches are concealed?
Local authorities can apply for a planning enforcement order.
54
What are the enforcement options for breaches of building regulations in Wales?
* Prosecution within six months * Enforcement notice within one year * Injunction if work is unsafe
55
What has changed regarding enforcement options for breaches of building regulations in England?
* Unlimited time for prosecution * Ten years for serving enforcement notices
56
What are the Commercial Property Standard Enquiries (CPSE)?
Standard enquiries used in commercial property transactions covering various aspects such as boundaries, rights, and planning.
57
What does the TA6 Property Information Form cover?
* Boundaries * Rights benefiting and burdening * Disputes * Alterations * Planning and building regulations
58
What is a misrepresentation in the context of property transactions?
When a seller misrepresents a fact, leading to buyer reliance and potential loss.
59
What should a seller do if they cannot make reasonable investigations regarding property defects?
They should state this in their reply to inquiries.
60
What is misrepresentation in the context of property sales?
An action against the seller for misleading the buyer by concealing physical defects or answering enquiries dishonestly.
61
What must a seller do when answering a question ‘not so far as the seller is aware’?
The seller must imply reasonable investigations have been made and should check records and make enquiries.
62
What are the remedies for misrepresentation?
Rescission or damages.
63
Under what conditions can a buyer rescind a contract due to an error or omission?
Only if it results from fraud or recklessness, or if the buyer would suffer prejudice due to substantial differences in property.
64
What is the role of CPSEs in property transactions?
CPSEs are complex documents that solicitors use to assist clients in providing accurate information about a property.
65
What is the purpose of the Law Society Conveyancing Protocol?
To ensure fairness and protection for clients dealing with high-value assets and liabilities.
66
Is the Law Society Conveyancing Protocol mandatory for all solicitors?
No, it is voluntary, but mandatory for members of the Conveyancing Quality Scheme.
67
What does transparency mean in the context of the Law Society Conveyancing Protocol?
Sharing information to assist the progress of the transaction while respecting client confidentiality.
68
What should a buyer’s solicitor consider when making enquiries?
Only make enquiries that are essential to act in their client’s best interests.
69
What are the consequences of breaching the Law Society Conveyancing Protocol?
Solicitors may be required to explain their breach, leading to monitoring or removal from the Conveyancing Quality Scheme.
70
Fill in the blank: The Protocol is not appropriate for _______.
New build homes.
71
What should a seller’s solicitor do with replies to enquiries completed over two months ago?
Confirm and update those replies as necessary.
72
What type of enquiries may lead to a breach of the Protocol?
Using non-Protocol standard enquiries indiscriminately or raising opinion-seeking enquiries.

FLK 2: Property Practice (10 decks)

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