Searches - for what?

Joanna Webster

One of the first things any solicitor will do on receiving instruction from his client to act on a property purchase is to send off enquiries to various organisations in an attempt to piece together a picture of the publicly recorded rights and obligations which affect the property. Often, the results reveal nothing more exciting than the fact that the property is within smoke control areas. However, once in a while, something a little more interesting is thrown up.

You could find that your neighbours have the right to graze their livestock on your garden or development site. Along with this right go any ancillary rights necessary for the proper exercise of the right to graze, including a right to enter your property.

If the property contains woodland or forest, others could be entitled to run pigs on it. The right limits the pigs to eating only items found on the ground; they have the right to eat straight from the trees, although it is not clear how this stipulation is relayed to pigs!

If your property is in Cheshire, you could find that it is a region affected by brine extraction. Naturally occurring brine is pumped from the ground which causes large underground cavities to form. These may ultimately collapse taking your property with them. If you are unlucky enough to have bought a property so affected, you may be entitled to compensation.

The property could be subject to a right to take wood. The lesser housebote is a right to take shrubs or dead trees for household fires, whereas a hedge bote entitle the owner of the right to take boughs, shrubs or bushes to repair hedges.

Radon is a naturally occurring radioactive gas given off at the surface of the ground and has been identified as a cause of lung cancer. Normally, it is present in very low levels which present little risk. However, in certain areas of the country, especially in Devon and Cornwall, it is found at much higher levels. A search will reveal if your property is in a heavily affected areas and it is generally possible to use simple technical methods to reduce the levels within buildings.

If your property is near a church, you may be under an obligation to pay for the repair of its chancel. Such an obligation is till in force today and, in one case, the cost of the repairs exceeded the value of the land to which the obligation was attached.

Gatwick, Heathrow and Stansted Airports will, on request, provide details of arrival and departure routes and heights of aircraft in the vicinity of your property. Whilst there is a risk that this service may be abused by the plane by the plane spotters amongst us, it could be useful in avoiding buying a property beneath the flight path of Concorde.

In some cases, the information revealed by the solicitor's searches will prevent a purchase from proceeding or will at least enable the purchaser to re-negotiate the price. However, in most cases, the details thrown up simply give the buyer an insight into the history of the property being purchased.

This note is intended to provide general information about developments which may be of interest. It is not intended to be comprehensive nor to provide any specific legal advice and should not be acted or relied upon as doing so. Professional advice appropriate to the specific situation should always be obtained. If you would like further information or specific advice, please contact Macfarlanes.