The features of the property and its location may sometimes indicate the need for unusual searches. It is the duty of the buyer’s conveyancing solicitor to take note of these factors and advise such searches. This is because a buyer is liable for all incumbrances on the property irrespective of the fact that a search was conducted or not. A conveyancing solicitor who fails to conduct a less than usual survey in instances where they are required can be held liable for negligence.
Examples of some less than usual searches include:
Coal mining search
This search reveals if the property is situated in an area where coal mining operations were conducted. The Law Society’s Coal Mining Directory will reveal if the property is in an area where a coal mining search is to be conducted. You can also find this at the Coal Authority’s website, www.coal.gov.uk. This search can be included in the CON29M form along with a fee and a plan of the property to the Coal Authority.
The results of the search reveal if mining operations were carried out in the area where the property is situated, or if such a plan is likely in the future. It also reveals the existence of underground workings that may affect the house, compensations payable/already paid for subsidence damage, and claims for compensation that is pending. But it does not provide any protection to the buyer during the search result.
Such searches are not only conducted for coal mining activities, but also for a wide variety of mining activities including tin and china clay mining at Cornwall, salt at Chesire, etc. While the Coal Authority is responsible for Chesire brine searches, it is not responsible for any other searches besides coal.
Common registration search
This conveyancing search should be made when the property intended to be purchased is adjoining a village green or common land, or when the property was build on a previously undeveloped land, or when a strip not included in the property separates the property from the public highway. Such a search should be conducted by choosing enquiring number 22 of the CON29O form.
The search shows if the property is registered under the Common Registration Act 1965 as a common land or village green. If an entry is under the Common Registration Act, it is difficult to remove the land from the register and hence not possible to obtain permission for development of the land. In fact, even third parties may have registered their interest in the land.
Flooding searches
Thousands of people are affected by floods every year and millions more are at the risk of flooding. To avoid such a situation, it is advised that the property should be checked on the Flood Map at the Environment Agency’s website. The search result shows the extent of a possible flood and also provides a detailed assessment of the area.
You can also seek a Flood Risk Indicator online from the Land Registry website. Such a search is available to private individuals to help them assess the risk of registering titles in areas where coastal and river flooding is possible. But information about surface water flooding can be sought only from a commercial provider.
Land adjoining rivers, streams, and canals
When property is situated adjoining rivers, streams and canals, a search should be made with the Environmental Agency to assess responsibility for maintenance of river banks. As for canals, an enquiry about their maintenance should be sought from the British Waterways.
Railways searches
With respect to properties that are next to a railway line, it was earlier possible to enquire if the owner was obligated to maintain the boundary walls and fences that separate the property from the railway line. But private railway undertakings no longer answer such queries and the buyer will have to rely on the seller during pre-contract enquiries.
The buyer’s conveyancing solicitor should advise his client that such properties are usually under an obligation to provide a right of access on the adjoining land in order to undertake repairs to the railway property.
Highways search
Although replies to questions 2, 3.4, and 3.6 in the CON29R form would give details about roads that are adjoining the property, or if there is a proposal for a roadway project, or some traffic scheme under consideration, this is not always sufficient. In such instances, the conveyancer may have to make specific enquiries with the relevant highway authority and ascertain the exact boundaries of the publicly maintainable highways adjoining or crossing the property. This is particularly important when the property is being redeveloped in a different configuration or there exists a strip of land between the property and the public road. Such a land may belong to a third party who might demand a huge sum to allow access over it.
Photo courtesy: Listener42
