Searches

Who carries out the searches?

Typically carried out by the buyers solicitor

But if land is being divided into different plots to different sellers then it is the sellers solicitor.

If it is a remortgage with no associated purchase, then it is the lender’s solicitor.

What is a report on title?

This is a report a solicitor will send to its client detailing the investigation of title, search results and replies to enquiries.

It is confidential, should not be relied upon by anyone else and sets out the liability of the solicitor.

What does Caveat Emptor mean?

This means BUYER BEWARE

It is the principle that the buyer alone is responsible for due diligence before the purchase of a property.

What is a CON29 search?

This is enquiries made of the local authority about the property, relating to planning, building regs, roads and public rights of way.

What is a CON29O search?

This is optional further enquires and will show pipelines, noise abatement zones and road proposals by private bodies.

What is an LLC1 search?

This is a Local Land Charges search and reveals if a transfer is happening to the LR, enforcement or stop notices, Article 4 directions, granted planning permissions (with conditions), conservation areas and listed building status.

How do you find out about water and flooding affecting the property?

CON29DW - for residential drainage and water enquiries:

• this reveals foul and surface water from the property drain to public sewer and if its connected to a mains water supply.

Desktop environmental search - this is for flooding!

• will also reveal if the property has been used for industrial purposes in the past and risk of subsidence.

What should you do if the property has been used for industrial purposes before?

You should carry out environmental searches. This is more detailed than a desktop environmental search:

Phase 1 - requires site inspection - move on to Phase 2 if necessary.

Phase 2 - soil/water samples are tests to indicate if there contamination.

What is Chancel Repair Search?

This is important for properties that are in parishes where there is a pre-reformation church

Important as responsibility for repair is shared between the parish and church

If found, seek indemnity insurance.

Why is a Highways Authority Search important?

If the boundary of a road is unclear, this will clarify. It shows the boundary of a public highway on a map.

Important to ensure there are appropriate rights of access.

What if mining seems to be an issue?

Carry out a mining search.

Cheshire Salt Search for properties in Cheshire.

The search will identify risk of subsidence and if any compensation has been paid. If it has already been paid then no further compensation can be claimed.

What other searches could be carried out depending on the facts?

Utility provider search

• where the development is new to check if the property has benefit of utility connections

Railways

Flood search

Waterways search - shows liability for maintenance of river bank

What searches should be carried out if the property is unregistered?

Index Map

Central Land Charges Search