Searches to Conduct in Real Estate PDF

Preview

Summary

A summary on the searches necessary to conduct during a conveyancing transaction....

Description

Searches Compulsory Searches Enquiries from the Seller Enquiries will be sent by the buyer’s solicitor to the seller’s solicitor using the standard CPSE form. These replies can reveal information such as boundary walls, adverse rights, the physical condition of the property, any occupiers on the property and any past or current disputes.

Local Land Charges Search (LLC1) An LLC1 will be carried out to reveal information relating to planning. As such any planning permission granted or pending will be revealed along with any conservation area or listed building consents. Additionally any breaches of planning permission can be discovered along with any Enforcement or Stop Notices.

Local Authority Enquiries (CON29R) The CON29R will reveal more information relating to planning permission and building regulations. It can also reveal information relating to private roads and any contaminated land.

Optional Enquiries (CON29O) The CON29O, although not a compulsory search, can reveal more information from the Local Authority relating to common land and any public footpaths.

Highways Search The Highways Search can reveal key information such as whether the property abuts the public highway and can also identify any public roads. This is especially useful to ensure that the property is not land locked and illustrates the importance of having easements over neighbouring property in order to access the property to and from the public highway.

Drainage & Water (CON29DW) The CON29DW reveals information such as mains water, drainage and surface water. Most importantly however, it can reveal information relating to flooding, any history of flooding and any associated risks.

Environmental Search The Environmental Search could take 3 stages, firstly a desktop search, and if anything is flagged up a Phase 1 and then Phase 2 search will take place which involves testing soil samples and more scientific testing of the land. This search can reveal any pollution and contamination on the land and from any surrounding properties. This is an important search to carry out as the owner/occupier risks liability for clearing up any contamination if the person who committed the contamination cannot be found (s.78A(2) EPA 1990).

Chancel Repair Search

This search reveals whether the property is liable for any repairs to the local church, these can be expensive and therefore are very important to identify for the client.

Index Map Search The Index Map Search will reveal the boundary of the property, any neighbouring properties and any third party rights over the property.

Optional Searches Company Search A Company Search will only be carried out if the seller is a company. This ensures that the company has the right to sell the property. The search can reveal any changes in name, the solvency of the company and any charges over assets of the company.

Coal Mining Search This search will be carried out if there are indications that the land or surrounding areas were used for mining (e.g. miners cottages are in the local area). The search will reveal any weaknesses in the land caused by mining and any future mining sites.

Waterways Search The Waterways Search will be carried out if there is a river or body of water on or near the property. This search can reveal where the responsibility for rivers lies, any risks of flooding or drainage and fishing rights.

Structural Survey and Physical Inspection The buyer (not the solicitor) will instruct a surveyor to report on the value and condition of the property. This can reveal defects in the property which can be raised during negotiations of the property....