Conveyancing question -Add on searches

Cumbrian_Male

Hello All,

I have only bought 2 house previously and never sold one. We were FTB 21 years ago and PX that house on a new build 10 years ago.

So we have our contract from the solicitor and lots has changed since we last moved.

They advise the following additional searches, what I want to know is what is essential, desirable and a waste of money. Those that are either essential or desirable, can they be done myself or for less and how to go about it.

So here goes

• Environmental search £44.65 Indemnity ins £50
• Check on development on neighbouring property/land £19.98
• Chancel Repair Search £135 indemnity ins £115
• Alternatively Chancel check (locality only not specific to property) £17.25
• Local authority search rather than rely on HIP £150

Most of these costs are approximate.

The property we are buying is ex local authority and the vendor bought it from them. Built circa 1950 and in a residential estate.

The environmental search and optional indemnity for anything found is cheap enough but is it necessary?

Do we need to check what developments the neighbours have planned? There isn't adjoining land that could be developed without demolishing a current semi and I can't see that it would allow a return to make it a viable proposition.

The Chancel one I am most concerned about. Seems costly but from what it says there could be a large liability if the local churches can impose a charge. I currently live half a mile from where we intend to purchase and there is nothing in our deeds and covenants. But could there be one on older properties? Can I get this information by just ringing the local churches and asking?

Hip was done in Sept 2009 and search looks to be complete to my untrained eyes, I can provide further info if needed.

Sorry for the long post just want to give as much info as possible. No doubt I have left out some vital info.

So thanks in advance and over to the knowledgeable ones.

Cheers

Richard_Webster

The Chancel one I am most concerned about. Seems costly but from what it says there could be a large liability if the local churches can impose a charge. I currently live half a mile from where we intend to purchase and there is nothing in our deeds and covenants. But could there be one on older properties? Can I get this information by just ringing the local churches and asking?

Don't contact the Church! Although they probably won't know or won't care you are just alerting them and preventing you getting indemnity insurance if you need it.

Don't pay for the full £135 search because that could show that the house you are buying is one with actual liability and then you will have a duty to register that at the Land Registry when you buy the house. That will in turn make a the house more difficult to sell without more expensive indemnity insurance costing several hundred pounds or more. You do not want to know that there is actual liability.

The most you want to know is whether the property is in an area where some land is affected. That's what the £17.25 search is for. If it is clear then you need to do no more. If not then you pay for an insurance policy which will cost £50-£150 depending on whether you protect successors and whether it is limited to 25 yaers or is perpetual.

My own view is that although the risk is a very small one it is one that should be done because it identifies a particular financial risk - there are lots of other things where the risks are small and we still do searches. I have yet to have explained to me what is so vital about a water and drainage search, which doesn't really identify any particular risks.

The whole Chancel business is a right pain and needs a lot of explaining. For a start it is not the nearest Church's chancel that might need repair, but the one that was the parish church of the parish that the land was in in 1836 - lots of churches have been built and parishes divided and boundaries changed since then.

Lots of solicitors are still quite behind on this subject and still actually doing the £17.25 searches. I now have a block policy and I don't bother with the search but simply insure every case - costs my clients £10 for 25 year and £15 for perpetual cover. Before anyone asks - no, I can only make it available to my clients and their buyers.

Although not a major issue, worth checking when choosing a solicitor whether they have such a facility - because if not the cost will be greater if you have to pay for a £50-£150 policy following the £17.25 search.

timmyt

Cumbrian_Male wrote: »

Hello All,

I have only bought 2 house previously and never sold one. We were FTB 21 years ago and PX that house on a new build 10 years ago.

So we have our contract from the solicitor and lots has changed since we last moved.

They advise the following additional searches, what I want to know is what is essential, desirable and a waste of money. Those that are either essential or desirable, can they be done myself or for less and how to go about it.

So here goes

• Environmental search £44.65 Indemnity ins £50
• Check on development on neighbouring property/land £19.98
• Chancel Repair Search £135 indemnity ins £115
• Alternatively Chancel check (locality only not specific to property) £17.25
• Local authority search rather than rely on HIP £150

Most of these costs are approximate.

The property we are buying is ex local authority and the vendor bought it from them. Built circa 1950 and in a residential estate.

The environmental search and optional indemnity for anything found is cheap enough but is it necessary?

Do we need to check what developments the neighbours have planned? There isn't adjoining land that could be developed without demolishing a current semi and I can't see that it would allow a return to make it a viable proposition.

The Chancel one I am most concerned about. Seems costly but from what it says there could be a large liability if the local churches can impose a charge. I currently live half a mile from where we intend to purchase and there is nothing in our deeds and covenants. But could there be one on older properties? Can I get this information by just ringing the local churches and asking?

Hip was done in Sept 2009 and search looks to be complete to my untrained eyes, I can provide further info if needed.

Sorry for the long post just want to give as much info as possible. No doubt I have left out some vital info.

So thanks in advance and over to the knowledgeable ones.

Cheers

• Environmental search £44.65 yes alwsys as that has virtually become a standard 'dont do it and you are negligent' search and we do not even give our clients the option .......Indemnity ins £50 no you dont do both only if the search reveals anything and even then your lender wont care and so why bother to insre...though you could ask your seller to pay
• Check on development on neighbouring property/land £19.98 only if you want to know, so optional
• Chancel Repair Search £135 indemnity ins £115 no, just do the £17.25 one, based on postcode. the expensive one is over the top and not necessary
• Alternatively Chancel check (locality only not specific to property) £17.25 yes
• Local authority search rather than rely on HIP £150 some lawyers prefer, but your call, as no one would blame a lawyer for using it as the government did not legislate aains personal searches

good luck