What is a Company Search?
This search is compulsory where you are purchasing a property from a company.
The search is undertaken in order to check that the company exists, is not subject to insolvency and has not been struck off the Register at Companies House.
If you are buying unregistered land from a company, the search is also undertaken to ensure that there are no adverse entries that may affect you as buyer i.e. fixed or floating charges or the appointment of a receiver or liquidator.
What is a Commons Search?
The search is made of the register which is held under the Commons Registration Act and it will confirm whether the land is a village green or common. If it is, then you need to be made aware, because there could be entries such as the grazing of livestock on your front garden. If a registration is revealed, then you will probably not be able to fence off the boundaries of the property or develop it by making alterations or extensions.
We therefore need you to tell us whether or not the property is new build property, unbuilt property or undeveloped land, situated next to any undeveloped land, park or village green. If it is, then the search must be undertaken at additional cost to you.
Please note that if you are buying the property from a builder, then it is likely that a Commons Search will be provided to us by the builder’s solicitors. If this is the case, then we will obviously not undertake a further search on your behalf and will refund the cost of the search to you after completion.
If a Commons Search is required, then you need to telephone us regarding the cost of it, as different Councils have different fees in respect of this Search. We will then make enquiries of the Council and will let you know the required fee.
What is a Chancel Search?
This search is commissioned to reveal whether or not the property you are proposing to purchase may be affected by a potential “Chancel Repair” obligation to the local Parish Church. Such obligations stem from mediaeval times where land, previously owned by the Church to fund the local rector, had been sold and the new owner took on the repairing obligation attached to that land. Basically, any property located within the boundaries of a Parish where such a liability exists could be “caught”. The penalty is financial in that it involves having to pay for the upkeep and repair of the chancel of the local mediaeval parish church.
There was a famous case, quite recently, (Aston Cantlow v Wallbank) where the Church sought payment from the owners of the rectorial land (it was part of a property called Glebe Farm) to repair the chancel of the local mediaeval Church. The owners of the rectorial land (known as lay rectors) refused to pay and what was originally a £6000 bill increased to £96,000 as the structure slowly disintegrated. The Church won the case.
Types of Chancel Search
Two types of searches are available;-
- Chancel Check Search
- Full Chancel Search
The basic Chancel Check Search reveals whether property is located within a parish that could charge for repairs to the chancel. It does not show whether or not the actual subject property is located on land that has this responsibility but does indicate a certain level of risk.
The full Chancel Search is much more expensive; however it would reveal whether the actual subject property was liable. If it was, then we would need to register this liability with HM Land Registry.
Dealing with positive results
If positive results are revealed in either case, then it is possible to obtain indemnity insurance to insure against future claims being made against you. We would provide you with full details and a quotation as to cost if this were the case.
It has to be said that we are not aware of any claims being made in the Teesside area against any person in respect of chancel repairs. That being said, we cannot confirm that no such claims will be made in the future, which is why we ask you to make a decision regarding whether or not to undertake the search. The Law Society has been calling for the Government to abolish chancel repair liability for some time.
What is a Bankruptcy Search?
This search is undertaken on behalf of the mortgage lender to ensure that the buyer has not been made bankrupt. Where there is more than one buyer, a search must be undertaken against each buyer’s full name.
In practice, the search result often reveals entries under names similar to buyer and in this circumstance, we will ask you to provide written confirmation that the entries do not relate to you before we will complete the transaction.
Please note that if you are a cash buyer, then this search does not need to be undertaken, nor is it required if you are selling a property.
What is a Local Land Charge Search?
The purchase of property or land is probably the largest financial commitment entered into by most people within their lifetime. An integral part of the modern conveyancing process is a search of the Register of Local Land Charges maintained by local councils.
A Local Authority Search is required to inform a potential purchaser of the existence of obligations or ‘charges’, enforceable against successive owners by local authorities, or central government.
What is a Mining Search?
You can undertake a free check to find out whether your property needs a search undertaking by visiting www.coalminingreports.co.uk and entering the postcode.
A coal mining search will reveal;-
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Whether the property is in an area where coal mining has taken, or is likely to take place.
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The existence of underground coal workings and mine entries which may cause problems with subsidence.
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Whether compensation for subsidence has been paid out in the past.
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Whether repairs have been carried out.
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Whether there is any current claim against the Coal Authority.
Subsidence may exist in any area where mining has at some time taken place. Following the initial search with the Coal Authority, you can obtain a detailed report providing analysis and advice regarding mine shafts revealed in the report. The Coal Authority would also provide a risk assessment as to whether the main building is inside a ground movement area.
Other available mining searches;-
- If the property is situated in the Dudley, Sandwell, Walsall or Wolverhampton area, then you will need to obtain a search in relation to limestone mining.
- Similarly, in the Devon or Cornwall areas, clay mining and tin mining searches should be undertaken.
- Cheshire and Greater Manchester properties need searches in relation to brine extraction.
What is a Water & Drainage Search?
The Standard Search CON29DW
A Water & Drainage Report (CON29DW) is provided by the various local water companies in England and Wales. The CON29DW report reveals details of water and sewerage assets under and around properties allowing solicitors to determine if properties are properly serviced and to identify any liabilities that the owners may incur.
The search will cover the following issues;-
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Public sewer maps
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Foul drainage and surface water
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Public adoption of sewers and lateral drains
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Public sewers within the boundary of the property
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Public sewers near to the property
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Building over a public sewer, disposal main or drain
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Map of the waterworks i.e. water pipes, waste pipes and drains
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Adoption of water mains and service pipes
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Sewerage and water undertakers
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Connection to mains water supply i.e. public or private
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Confirmation of how the property is billed for water and wastewater charges (water meter or rateable value)
This will confirm whether or not the surface and/or foul water drains run into a public or private sewer. It is often the case that the connection between the property and the publicly maintained sewer does not belong to the Local Authority and that it is privately owned/shared with the owners/users of that private connection accordingly.
Northumbrian Water’s charge for undertaking a CON29DW search as at October 2009 is £41.60 and we undertake this search via the online method, which is obviously quicker than the postal method and earns you a £2.00 discount on the usual price of £39.60. Other water companies’ prices are available upon request.
Categories
Wills
Our prices for providing Wills;-
Standard Will
£100.00 + VAT
OAP special rate
£75.00 + VAT
Mirror Will
£150.00 + VAT
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