Seller Disclose or Buyer Beware? A Practical Guide to Conveyancing Searches & Enquiries (Including Material Information)

Introduction

Despite being routine conveyancing activities, pre-contract searches and enquiries present a number of pitfalls and traps for both clients and conveyancer alike.

This live broadcast will go beyond the mere wording of the questions asked and examine the underlying legal, practical and regulatory consequences of failing to spot a potential problem or to give correct advice to client.

It will also consider where the line is to be drawn between simply relying on the replies to the questions on the property information forms and raising additional enquiries, for example in the light of the most recent changes to the Con29 questions, the Conveyancing Protocol (in 2019), and the TA6 Form (in 2024). The possible implications of Material Information for the conveyancing process will also be covered.

What You Will Learn

This live and interactive session will cover the following:

• Seller misrepresentation: extent of conveyancer liability
• Unclear boundary: does the seller or the buyer bear the risk?
• When is a dispute with a neighbour at an end?
• Change of use or building works: consents required
• Planning searches: when to carry them out & reporting to client
• Parking enquiries: rights & disputes
• Easements not recorded on the register
• Effect of consumer protection laws on conveyancers' advice to sellers
• Solar panels installed and defective leases
• New Law Society guidance on Coal Mining Searches
• Con 29: public highways, sustainable urban drainage systems, CIL, towns or village greens
• Other problematic entries on local search, such as enforcement notice, breach of condition notice restricted PD rights, tree preservation orders
• Listed building or conservation area consents needed for alterations?
• Properties subject to the Green Deal and the demise of the scheme
• Flooding to the property
• Japanese knotweed concealed by the seller
• What the Conveyancing Protocol says about replying to and raising enquiries
• Overriding interests affecting the property including occupier rights
• Private drains and sewers, build over agreement & drainage and water searches
• Buyer's conveyancers duties to lender with examples from case law
• Progress on the ‘Migration’ of Local Land Charges registers to HM Land Registry
• Selective licensing of landlords and houses in multiple occupation
• Escalating ground rents & legislative proposals