Conveyancing Explained

July 11, 2008

The purchase of property or land is probably the largest financial commitment entered into by most people within their lifetime. An integral part of the modern conveyancing process is a search of the Register of Local Land Charges maintained by local councils.

A Local Authority Search is required to inform a potential purchaser of the existence of obligations or ‘charges’, enforceable against successive owners by local authorities, or central government.

A ‘charge’ describes a burden imposed on land with which successive owners or occupiers of land and/or property must comply. The charges detailed on the Local Land Charges Register would not normally be disclosed by looking at the title deeds or inspecting the land or property itself. Local Land Charges may be of financial or non-financial nature.

A search of the Register is made to ensure that prospective purchasers are not caught unawares by any charge placed on the land or property which may be enforceable against owners. It would inform a potential purchaser as to whether the local planning and local highway authorities have any proposals for the area.

A search of the Council’s records ensures that there are no hidden surprises, such as:

• Repayment of monies owed to the Council e.g. Improvement/Renovation Grants
• Conservation Areas: These areas have been designated by the authority as areas containing special architectural or historic interest. Obviously it is desirable to preserve or enhance these areas and the Local Authority may not allow future development of the buildings or surrounding land as a result.
• Listed Buildings – A listed building would have strict rules as to what you would and would not be allowed to do in the development of the property/land.
• Preservation Order on a tree(s) situated on the land
• Future developments that could affect the property
• Compulsory Purchase Orders
• Proposed Tree Preservation Orders
• Many informal notices under Planning and Highway Laws which cannot be found on any register.
• Road proposals or Schemes (including road widening)
• Proposed enforcement action.
• Environmental Issues
• Smoke Control Orders Only certain approved types of fuel can be used in Smoke Control Areas e.g. smokeless coal.

In addition to the registerable items revealed on the Local Land Charges Register a potential purchaser will also wish to know of any notices about to be served on the property which will become binding upon any new purchaser upon completion. A search is also undertaken of such unregisterable charges.
Please note that the search only covers the land and property shown on the land registry plan which you propose to purchase. It will not provide your conveyancing solicitor with details regarding any future proposed developments and plans for the surrounding areas. If you want your solicitor to obtain this information, you will need to pay additional fees for him to undertake such enquiries with the council.