The significance of this issue is that any such financial charges must be paid off by the seller on completion.  The object of the search is therefore to protect the buyer and the buyer’s mortgage lender.  The latter requires that it should have the first registered financial charge against the property.

This search is undertaken in every case, whether or not you are buying with the benefit of a mortgage.

This search has to be made in all cases when you are buying unregistered land i.e. a property that has not yet been registered at HM Land Registry, if it is not provided by the seller’s solicitors with the draft contracts and supporting papers.

The search reveals whether the land or any part of it has already been registered and whether there is a pending application for registration.

This is relevant to a buyer to ensure that the seller is entitled to sell the property and has not already sold the property or any part of the land to another person.

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.

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.

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.

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.

A ‘charge’ describes a burden imposed on land with which successive owners or occupiers of land and/or property must comply. The charges detailed on the Local Land Charges Register would not normally be disclosed by looking at the title deeds or inspecting the land or property itself. Local Land Charges may be of financial or non-financial nature.

A search of the Register is made to ensure that prospective purchasers are not caught unawares by any charge placed on the land or property which may be enforceable against owners. It would inform a potential purchaser as to whether the local planning and local highway authorities have any proposals for the area.

A search of the Council’s records ensures that there are no hidden surprises, such as:-

• Repayment of monies owed to the Council e.g. Improvement/Renovation Grants
• Conservation Areas: These areas have been designated by the authority as areas containing special architectural or historic interest. Obviously it is desirable to preserve or enhance these areas and the Local Authority may not allow future development of the buildings or surrounding land as a result.
• Listed Buildings – A listed building would have strict rules as to what you would and would not be allowed to do in the development of the property/land.
• Preservation Order on a tree(s) situated on the land
• Future developments that could affect the property
• Compulsory Purchase Orders
• Proposed Tree Preservation Orders
• Many informal notices under Planning and Highway Laws which cannot be found on any register.
• Road proposals or Schemes (including road widening)
• Proposed enforcement action.
• Environmental Issues
• Smoke Control Orders Only certain approved types of fuel can be used in Smoke Control Areas e.g. smokeless coal.

In addition to the registerable items revealed on the Local Land Charges Register a potential purchaser will also wish to know of any notices about to be served on the property which will become binding upon any new purchaser upon completion. A search is also undertaken of such unregisterable charges.

Please note that the search only covers the land and property shown on the land registry plan which you propose to purchase. It will not provide us with details regarding any future proposed developments and plans for the surrounding areas. If you want us to obtain this information, you will need to pay additional fees for us to undertake such enquiries with the council.

A coal mining search will reveal;-

1. Whether the property is in an area where coal mining has taken, or is  likely to take place.
2. The existence of underground coal workings and mine entries which may cause problems with subsidence.
3. Whether compensation for subsidence has been paid out in the past.
4. Whether repairs have been carried out.
5. 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.

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;-

• Public sewer maps
• Foul drainage and surface water
• Public adoption of sewers and lateral drains
• Public sewers within the boundary of the property
• Public sewers near to the property
• Building over a public sewer, disposal main or drain
• Map of the waterworks i.e. water pipes, waste pipes and drains
• Adoption of water mains and service pipes
• Sewerage and water undertakers
• Connection to mains water supply i.e. public or private
• 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.