01638 576478

Archive for the ‘Mortgages’ Category

Explaining property searches?

Tuesday, February 12th, 2019


When you are buying a property your solicitor will carry out property searches on your behalf. If you are obtaining a mortgage to buy, your lender will insist that all searches appropriate to the purchase property are carried out.  If you are not getting a mortgage to buy and are buying for cash, then these searches are optional.

Property searches are not a physical inspection of the property – many people confuse property searches with surveys. Property searches are forms, containing set questions that your solicitor will send to the relevant search authority.  Surveys are a physical inspection of the property carried out by a surveyor and need to be ordered by the purchaser separately to their conveyancing.

There are numerous property searches available but the most common ones are:-

Local Authority Search

This search can be carried out in two ways:-

  1. Your solicitor sends the forms directly to the Local Authority, they complete the form and return it. The Local Authority gives a guarantee that the information provided is accurate.
  2. Your solicitor instructs a personal search agency to carry out the search. They attend at the Local Authority and obtain answers to the questions on the search form. They then return the forms to your solicitor. Personal search agencies have indemnity insurance to protect you should the information provided be inaccurate.

What is a local authority search?

A plan of the property showing the full extent of the property and land belonging to it, is required to do the search. This plan is usually provided by the Seller’s solicitor but can also be obtain from H M Land Registry.

A full local authority search is usually carried out when buying a property. A standard search includes 2 parts:

  1. An extract from the Local Land Charges Register (Form LLC1)

The Local Land Charges Register (LLCR) holds information about a property, such as:

  • Restrictions
  • Prohibitions
  • Financial requirements
  1. A set of standard enquiries of local authorities (Forms CON29 and CON29O)

CON29 is a set of standard enquires, which are usually made when buying a property, these include matters such as:

  • Major road proposals
  • Traffic schemes
  • Road adoption status

CON29O is a set of further optional enquiries which can be included by request. These cover matters such as:

  • Road proposals by private bodies
  • Public rights of way
  • Common land / village green enquiries

What the Local Authority Search Reveals

Planning and building decisions and pending applications

Roadways, footways and footpaths

Public rights of way

Land required for public purposes

Land to be acquired for road works

Drainage agreement and consents

Nearby road schemes

Nearby railway schemes

Traffic schemes

Outstanding notices

Contravention of building regulations

Notices, orders, directions and proceedings under Planning Acts

Community infrastructure levy (CIL)

Conservation area

Compulsory purchase

Contaminated land

Radon gas

Assets of Community Value

The purpose of a local search is to:

  1. Provide the buyer and their mortgage lender with information about the property. For instance if the property is going to be affected by major road works, a new rail system, a new housing development etc.
  2. Provide the buyer and their mortgage lender with information about any breaches of the Local Authority regulations by the Seller. For instance a breach of planning permission or building regulations would be registered on the search. Breach of Local Authority regulations may carry fines, and can be costly to fix. Any such fine, or financial burden is the responsibility of the property owner.
  3. To ensure that any breaches and financial obligations are remedied by the seller, prior to completion, to protect the buyer and their mortgage lender.


This search is carried out by your solicitor using form CON29DW.

CON29DW Water and Drainage Searches include the following:

Confirmation of:

  • Whether or not the property is connected to a public water supply
  • How the property is currently charged for the water and wastewater services – (metered or not)
  • Whether the property is connected to a public sewer
  • Whether the property is affected by, or is close to, water mains or public sewers
  • Distance and location of the nearest wastewater treatment works


Your solicitor will carry out an environmental search as part of the standard package of searches required by a mortgage lender. If you are buying without a mortgage then the search is optional. There are a number of companies in the UK that hold reliable environmental information about land and property in the UK.

There are a bewildering number of environmental reports available. Most solicitors will start with a basic environmental search which will give information about:-

    • Past use of the land upon which the property is built
    • Details of land contamination
    • Flood risk
    • Ground stability
    • Energy installations and potential energy installations near the property
    • Transportation routes and potential transportation routes affecting the property
    • Coal mining or other mining past or present affecting the property



Chancel repair liability is a legal obligation on some property owners in England and Wales to pay for certain repairs to a church which may, or may not be, the local parish church.

Your solicitor will carry out a chancel repair search to check whether the property being purchased is liable for chancel repair. If you are obtaining a mortgage most lenders insist on the chancel repair search or chancel repair insurance. If you are buying for cash this search is optional.


Certain parts of the UK have been subject to coal, tin, salt, brine and chalk mining. Your solicitor will check whether the property you are buying is in such an area.  If the property is in a mining area then your lender will insist on a mining search.  If you are buying without a mortgage this search is optional.

A mining search will check whether the land is built over an old or existing mine. The search will reveal:

Whether there is an environmental or stability risk to the property


Subsidence claims

Reported hazards

Mine gas emissions

Once the searches have been carried out your solicitor will check the results and report on them to you. Depending upon the results of the searches they may recommend that further enquiries/searches are made – such as a flood report or a ground stability report.

Searches can be a costly part of the conveyancing process but they are there to inform and protect the buyer and their mortgage lender.

Understanding joint property ownership

Monday, February 4th, 2019



When you purchase a property with another person or persons your solicitor will ask you how you wish to own the property.

There are two choices:

Joint Tenants or

Tenants in Common 

This is a very confusing subject and one that I am asked about frequently. It is important to make the right decision, as the information is recorded in the Transfer deed and will be enforceable in law.

If you imagine that the property you are buying is divided into 100 shares. You may want to own equal shares in the property or, if one of you is putting down more of the deposit, or paying a larger share of the mortgage, you may want to own the property in unequal shares. 

Joint tenants 

If you opt to own the property as joint tenants then you jointly own 100 shares in the property equally.

If one of you were to die, the property would automatically pass to the surviving owner. This is known as the “right of survivorship”. No Will is needed for the shares in the property to pass to the other joint tenant and a joint tenancy overrides any Will made to the contrary.

Joint tenants own absolutely equal shares of the property, meaning that if the property is sold, the net sale proceeds (i.e. money left after any sale costs and mortgages have been repaid) are divided equally amongst all owners.

If you opt for a joint tenancy ownership and later change your mind then you will need to ask a solicitor to sever the joint tenancy.

Tenants in Common 

If you opt to own the property as tenants in common you may decide on the division of shares between the property owners. The share division does not have to be equal and can be any share split that you agree upon.

If one of you were to die, the deceased’s share would not automatically pass to the surviving owner.

The deceased’s share would pass to their estate and be distributed according to their Will. If a Will had not been made, it would pass to their next of kin, in accordance with the rules of intestacy (i.e. how property is to be distributed where no Will has been made).

When the property is sold, the sale proceeds are divided according to the share of each owner and their share (after the costs of the sale and repayment of any mortgage) is paid according to the share that they own in the property.

Most property owners, who opt to own their property as Tenants in Common, will also enter into a Deed of Trust, which can be drawn up by your solicitor. This outlines in greater detail the agreement made between the property owners, as to how much each has input into the property, the value of their shares and what they will receive on completion of the sale.

As the firms of solicitors on the CMS panel are all conveyancing experts, they are able to advise you as to the merits and drawbacks of owning a property jointly and can also draw up a Deed of Trust for you, if one is required.


Sharon Buthlay

Property Lawyer and Director

CMS Ltd.

01638 576478