xs

sm

md

lg

xl

2xl

This website uses cookies to ensure you get the best experience on our website. Learn more

#16679 - Pre Contract Searches - Property Law and Practice

Notice: PDF Preview

The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting.

PRE-CONTRACT SEARCHES

Searches should be made because:

Principle of caveat emptor
Seller only has a limited duty of disclosure
Buyer’s solicitor should check for incumbrances and the effect on clients plans, value and resale

Search	Form/where?	When?	Why?
Local Land Charges Register	LLC1	Always	Reveals many things which the buyer should be advised on and consider how it will affect the buyer’s proposed use. If planning permission is revealed, then the seller should be required to produce copies. Where financial charges are revealed, the seller will be requested to discharge these prior to completion.
Local authority	CON29/ CON29O	Always	They will help build up a complete picture of the property and may influence his decision as to whether or not to proceed with the purchase.
Pre-contract enquiries of the seller	Residential: SPIF (or SLIF for leasehold)	Always	Elicit information from the seller, mainly relating to the physical aspects of the property, which he is not bound by law to disclose E.g. whether there has been change in use of the property
Pre-contract enquiries of the seller	Commercial: CPSE	Always
Water and drainage	The water company serving the property	Always	If the property does not drain into a public sewer, the buyer will be liable for costs of maintaining. If there is a public sewer, their consent will be needed for development.
Environmental	Professional search provider	[Desktop] always required	Clean up liabilities, dangers of contamination and decision whether to buy.
Personal Inspection	Buyer	Always	Look for boundaries, evidence of easements, existence of other occupiers, and discrepancy in fixtures and fittings
Chancel repair	ChancelCheck	When in the vicinity of a medieval church	Because you may be liable to contribute towards the repair of the chancel
Company	Against Registered No. at Companies House	When the seller is a company	Check if the company exists, if it owns the land, if it has the power to buy and sell the land, any floating and/or fixed charges (non-crystallisation) and financial position (walk away if insolvent because there could be a significant delay)
Flood	Environment Agency Environment-agency.gov.uk	When near river, costal or surface water	One in six homes in England are at risk from flooding and in recent years the number of flooding incidents has risen. The Law Society notes that a solicitor should discuss with client.
Mining	CON29M NLIS (blanket search)	When in a tin mining area – check postcode online.	Reveal presence of underground work which could cause subsidence damage
Common land	E22. Commons Registration Search on CON29O	Abuts a village green, or where a verge strip separates it from a public road	May not be developed and may be subject to third party rights e.g. rights of way. May also attract travellers.
Rivers/ streams/ canals	Environment Agency (River) Canal & River Trust (Canal)	It next to a river	Check if there are any obligations to contribute towards maintenance of river banks, tow paths or flood defences
Railways	Seller and personal inspection	If the property adjoins an existing...

Unlock the full document,
purchase it now!

Property Law and Practice

Premium study materials available for review

Property Law and Practice

A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results ...

Continue

About Oxbridge

Since 2010, Oxbridge Notes has been a trusted education marketplace, supplying high-quality materials from top achievers at universities like Oxford, Cambridge, LSE, Harvard, and Yale.

We offer free case summaries, sample notes, and award-winning content, all curated and approved by our editorial team. Our reputation for excellence has led to features in The Guardian, Wikipedia, and the National Council for Law Reporting (Kenya Law).

Every year, millions of students utilize our free and premium notes to aid their studies.

More Property Law And Practice Samples

Acting For Lender And Buyer Notes Alienation Notes Alienation Leases Model Answer N... Alterations Clauses Notes Assignment Underletting Notes Breach Of Contract Between Excha... Completion And Post Completion N... Completion Notes Completion Notes Completion Notes Conduct Crib Sheet Notes Conduct Same As Conduct Note In... Contract Conditions Notes Conveyancing Forms Notes Covenants Notes Dealing Notes Delayed Completion Diagram Notes Drafting A Contract Diagram Notes Drafting A Lease Notes Drafting And Exchange Of Contrac... Finance And Surveys Notes Forfeiture Leases Model Answer N... Freehold Contract Amendments Mod... Freehold Registered Land Notes Freehold Unregistered Land Notes Grant Of A Lease, Assignment And... Initial Steps In A Property Tran... Insurance And Repair Notes Investigating Title Diagram Notes Investigation Of An Unregistered... Investigation Of A Registered Ti... Landlord's Consent For Alienatio... Landlord's Remedies For Breach N... Leasehold Notes Leasehold Management Alienatio... Leaseholds Procedure Notes Leasehold Transactions Notes Lease Landlord's Remedies For Te... Lease Open Market Rent Review Notes Lease Rent Review Provisions An... Licences Notes Methods Of Exchange Exchange Of... Misrepresentation In A Property ... Official Copies Analysis Notes Planning Permission Notes Pre Completion, Completion And P... Precontract Searches And Plannin... Pre Contract Searches Notes Pre Exchange, Exchange Of Contra... Professional Conduct In Plp Notes Professional Conduct Issues Notes Protected Tenancies Notes Registered Title Investigations ... Registered Title Search Ws2 T... Register Of Title Notes Remedies For Breach Of Lease Cov... Rent Review Notes Rent, Service Charge & Rent Revi... Repair Insurance Leases Model ... Repair, Rent, Service Charge & I... Residential Conveyancing Notes Results Of Searches And Enquirie... Sale And Purchase Of Freehold Notes Sale And Purchase Of Freehold Ws... Sale Of Part Notes Sale Of Part Notes Scpc V Sc Table Ws 4 Itutorial ... Security Of Tenure Diagram Notes Security Of Tenure Notes Security Of Tenure Leases Model ... Termination Clauses Lta 1954 C... The Contents Of A Lease Notes Unregistered Land Diagram Notes Unregistered Title Crib Sheet Notes Unregistered Titles Notes Unregistered Transactions Notes Vat And Commercial Property Notes

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.