Conveyancing Explained

July 11, 2008

If the property is a new build, is unbuilt, or is situated next to a village green or common, then you need to make sure that your conveyancing solicitor is aware of this and that a Commons Search is undertaken. This is not provided in a HIP as a standard search and you will need to pay for it.

A solicitor will be liable in negligence if he doesn’t undertake this search and it is necessary due to the individual subject property.

The search is made of the register which is held under the Commons Registration Act and it will tell you and your conveyancing solicitor is the land is a village green or common. If it is, then you need to be made aware, because there could be entries such as the grazing of livestock on your front garden! If a registration is revealed, then you will probably not be able to fence off the boundaries of the property or develop it by making alterations or extensions.

It is for these reasons that it is very important that you tell your conveyancing solicitor if any of the above requirements apply i.e. new build property, unbuilt property or undeveloped land, or if the property is near a village green or common. If in doubt, check with the seller and with the local Council.