The searches: Needles and pins

The Land Registry search

This is usually the final search to be completed and is critical to the completion process.

The search confirms that the named seller is the current legal owner of the property, or they have the legal capacity to sell it (for instance, there exists a Lasting Power of Attorney document confirming their position to do so). It is an essential part of the process because, without this confirmation, the sale cannot proceed.

Once the sale has been completed - and to ensure all the legal processes are effected as required - the solicitor will register your name and any named co-owners (such as a spouse, partner or other co-habitee) as the new owner(s) of the home with HM Land Registry, thus ensuring clear and exclusive rights of ownership.

This will then be checked down the line when you  to sell up by your buyer's conveyancer to ensure you have these rights to be the seller.

Local Authority searches

This suite of searches is probably the most important from your point of view as it is there to check if there are any potential issues that might impact the property now or in the future that could make it undesirable in some way.

The first and most obvious point is whether there are any planning issues, such as a neighbour's extension which might create a problem with privacy, sightlines, or cutting out sunlight and so on. Or there might be a planned building in the vicinity which might have an impact on traffic passing the new home.

Similarly, there may be plans for road-widening, traffic-calming, speed restrictions, rail lines and a number of other traffic-related plans that might have an impact on the property with respect to pollution, noise and increased transport circulation.

Then there are the restrictions that are going to be imposed on any work you might be planning on completion or moving in, or at some point in the future if the property is in a conservation area or if the building is listed. You'll also need to know if any of the trees on your property (and even adjacent on it, where branches come over into your new garden) are subject to a Tree Preservation Order (TPO), which means you can't cut branches, cut it down or damage it in any way without prior written consent from the local authority.

Whatever is a potential issue will be unearthed by your conveyancing solicitor to give you all the facts on which to base your decision on moving forwards or not.

Water and drainage searches

It would be an easy assumption to make, even in an urban area, that the property is connected to a public sewer and water supply network. This set of searches is designed to confirm that that is the case, or, if not, what is in place to achieve the desired purpose otherwise.

Where a property is connected to the public amenities, the search will also define where the public sewer and where the drainage is sited on the property.

One of the problems with increased building is the potential strain on the water provision and sewerage processing, particularly as many areas are struggling with a Victorian system that was not designed to cope with the number of properties feeding into it. 

These searches will also highlight whether any planned extensions or extensive renovations will require permission from the local water company before starting.

Environmental searches

With the near-cataclysmic weather events that are occurring on an ever-increasing basis, it is essential to understand what problems there exist currently, plus the history and perhaps a forecast for the future.

Flooding is one of the most widespread issues and this is becoming more frequent as we read new reports, particularly in the winter with flash floods, rivers breaking their banks and so on.

Because of the soil construction, the area may be susceptible to both landslides and subsidence, which is covered in these searches.

The conveyancer will also be able to find out whether the land has been previously contaminated, perhaps by accident or because of previous industry that might have been on or near the site. They will also find out what gas hazards there may exist, as well as highlighting proximity to landfill sites and companies recycling potentially poisonous metals and liquids.

Within this search too comes information of nearby electricity pylons and phone masts.

Other searches

Your conveyancer may suggest that other searches might be appropriate.

For instance, if the planned purchase is in the vicinity of a closed-down mine, they might suggest ordering a coal-mine search to investigate the possibility of tunnels running under the property.

Or they might recommend ordering a more detailed analysis from a professional company regarding flooding (which might have raised serious concern from the Local Authority searches) or the existence of invasive plants (which might have been highlighted to the conveyancer by the surveyorfor further investigation).

These searches will be in addition to the quoted fee, but your conveyancer will discuss the situation with you and advise accordingly.

As you can see, the management of the searches is quite a complex one, which is why it really does need a qualified conveyancing solicitor to handle the legal aspects for you.

And that's where Homeward Legal can really help with affordable but quality conveyancing services!