The basic premise when purchasing a property is “caveat emptor” – buyer beware which means the onus is on the buyer to make searches and raise enquiries. It is essential that we make the widest possible range of searches and enquiries and that we report to you and your Lender in relation to them.
Please note that if there is a delay on your transaction we may need to renew your searches as they must not be over 6 months old at completion.
If you are to have a mortgage we will always have to do a Local Authority Search and a Drainage Search. We will also advise you to have these done if you are a cash buyer.
There are 2 types of Local Authority Search available – personal and official. We use a Personal Search Agent to do the Local Search as this is usually quicker and often cheaper than doing an Official Search. The Personal Search is backed by an insurance in case the Agent makes a mistake (although this will not cover a mistake on the Council Register). If you would prefer to have an Official Local Search please let us know immediately.
It may be advisable to do a Commons Search. We advise this to be done if the property you are buying is a new build, has a verge between it and the highway, is built on previously derelict land or abuts a village green. If any of these relate to the property you are buying please let us know immediately.
It may be advisable to have a Flood Search. We advise that this is done to ensure that you have the necessary information to obtain Buildings Insurance.
It may be advisable to do an Environmental Search. This will include some information about flooding. If you are buying next to a river, you may have maintenance and repair obligations. We refer you to the Environment Agency Guide – Living on the Edge –A Guide to your Rights and Responsibilities of Riverside Ownership.
We do advise that an Environmental Search is carried out. This is also a requirement of most Mortgage Lenders. This will reveal flood risks, ground instability, landfill sites, past land contamination.
If you are buying a property within the vicinity of the London Underground, Docklands Light Railway or the Newcastle Metro we advise that a search is done to ascertain what rights and obligations you have. Please let us know if this affects your property.
We do advise that an Energy and Infrastructure Search is carried out. It may be that the property is in an area where there is the potential for Fracking, wind turbines, bio-digester units. These may affect the value or saleability. We can’t tell you if these are planned in the area without doing an Energy and Infrastructure Search.
The Local Authority Search will only reveal development for the property that you are buying, not the surrounding area. It is possible to do a Plansearch to ascertain whether there are any planning permissions relating to the surrounding area.
If the property you are buying includes moorland it may be subject to rights to roam.
Please note that we will not visit the property as part of the Conveyancing process. There could be practical problems with the property for example subsidence, Japanese Knotweed. We do advise you to have a survey of the property.
Contact or call into one of our offices at Boston, Lincoln, Spalding, Sleaford, Grantham or Newark for your conveyancing requirements.