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Buying And Selling Residential PropertyWhy Do All Those Searches? (Cont...)Drainage Search:This confirms whether the property is connected to the mains sewage system and storm water drainage and also whether the water supply is metered. Depending upon the area in which you are buying it may also be necessary to carry out additional searches such as: Commons Search:Malvern is our nearest area where there are substantial tracts of land that are registered as common land. It is important to know if a property is either registered as common land or has common's rights for example to graze sheep or cattle over any common land. Chancel Repair Liability Search:Most ancient liabilities, for example a liability to pay tithe rent to the church, were abolished many years ago. However there are still areas of land that have a potential liability to contribute towards repairs to the chancel of the local parish church. This charge on the property could prove very expensive (although recent a recent case arguing Human Rights Legislation may put paid to this potential problem). Hence the need for a search. Coal Search:Large numbers of properties are adversely affected by subsidence caused as a result of mining activity. A search with the Coal Authority in these areas will reveal whether there is any past present or future activity that either has or might cause damage to a property. Land Charges SearchIf the property has an unregistered title the results of the land charges search will reveal if there are any second or subsequent mortgages on a property which we would have to ensure the seller's solicitor pays off. It would also show if there are any restrictive covenants or contracts that would be binding on a purchaser of the property. Brine:In some parts of the country brine extraction has caused similar subsidence problems to coal mining. The articles on legal topics published in these pages are for interest only and are necessarily general in their terms. You should not act (or refrain from acting) on the basis of the information given without specific advice, as the principles and laws concerned may change, and their application will vary according to the particular circumstances. |
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