Unit 2

Question 1

Caveat emptor means..

Answer 1

‘Caveat Emptor’ = Buyer beware.

• The seller has no duty of disclosure. However, they are unable to respond misleadingly or provide a misrepresentation to any specific questions.

Question 2

When to use a survey / personal inspection?

Answer 2

1) Assesses physcial condition of property

2) Used in all transactions – more extensive surveys for higher value transactions etc.

Question 3

Local search

Answer 3

1) Forms LLC1, CON 29, CON290

2) sent to the local authority

3) Used to indetify matters imposed by or known to local authority (LLC1 = planning permission)

4) Used in all transactions but CON290 form only used in:

• Miniing searches
• commons searches
• railways searches
  -highways

Question 4

Water & drainage search

Answer 4

1) Forms CON29DW, CommercialDW

2) Sent to the statutry undertaker (e.g., water company)

3) Used to establish a connection to a public sewer and public water supply

4) Used in all transactions

Question 5

Environmental searches

Answer 5

1) used to identify contaminated land

2) Desktop evnironmental search / screening used for all transactions

3) Environmental surevy sed where there is a risk already identified.

Question 6

Flood searches

Answer 6

1) Used to identify whether the property is at a greater risk of flooding than normal

2) Risk screening searches for all transactions

3) More detailed report where risk is identifies

Question 7

Chancel repairs

Answer 7

1) to identify potential liability to pay for repairs to the chancel of a church of England parish church

2) Used where the property is unregistered or where there has been no disposal for value of registered land since 13 october

Question 8

Coal minigng searches / general mining searches

Answer 8

1) CON 29M used

2) done by coal authority

3) Used to establish whether the property is in a coal mining area and whether there has been a claim for subsidence

4) used for properties in a coal mining area or with a mines / minerals reservation in the title

Question 9

Canal & river trust search

Answer 9

1) To estbalish liability for maintenance of waterways banks and towpaths

2) used where property is adjacent to a canal / river

Question 10

Commons search

Answer 10

1) CON 290, Enquiry 22

2) Done by local authority

3) Used to check the property is not protected as common land or a town and villiage green

4) Used where the property is adjacent to open land

Question 11

Railways search

Answer 11

1) used to establish liability for boundary maintenance and/ or restrictions on use

2) Owner can raise a specific proporsal with network rail where a property adjoins a railway line

Question 12

HIghways search

Answer 12

1) Establishes whether verges and pavements are publicaly maintainable

2) used where there appears to be land in private ownership separating the property from the highway

Question 13

Index Map Search

Answer 13

1) Used on form SIM sent to land registry

2) Used to see if the land is already registered, or registration is pending, or if there is a caution against first registration

3) Used where the property appears to be unregistered land or where there is a mines and minerals reservation in the title

Question 14

Land charges search

Answer 14

1) Done on K15

2) Used to see if certain types of incumbrances have been protected by registration against the relevant estate owner so as to be binding on the buyer

2) used where the land is unregistered

Question 15

COmpany search

Answer 15

1) Done at companies house

2) used to check capacity, signatories and charges

3) Used where the seller is a company (and against all corporate estate owners where the property is unregistered)

Question 16

Bankrupcty / insolvency search

Answer 16

1) Individuals = Form K16

2) Companies = company search

3) used to check there are no insolvency / bankrupcty proceedings

4) used for all transactions when acting for the LENDER

Question 17

How to check for enforcement and stop notices / planning permissions?

Answer 17

• Solicitor needs to check CON29 results for enforcement and stop notices and CON290 results for completion notices to check no enforcement proceeding have been taken.

Question 18

How to check if there is a tree preservation order?

Answer 18

TPO = revealed as a local land charge in the LLC1 result.

Question 19

How to check if there is a smoke control order ?

Answer 19

Smoke control order will be revealed as a local land charge in the LLC1 result.

• Purpose is to restrict the use of non-smokeless fuels in domestic fireplaces and so may be a problem for the buyer if the property has an open fireplace which they intend to use.

Question 20

How to check if the property is in a conservation area?

Answer 20

If the property is located within a designated conservation area, this is revealed in either the LLC1 or CON29 results.

• Being within a conservation area makes it more difficult to make changes.

Question 21

Where title is unregistered, and a company, / commercial transaction, is the company search required against all previous estate owners and the current seller?

Answer 21

Yes.