HW Conveyancing Searches

The Local Land Charges Act of 1975

The Local Land Charges Act of 1975 lit the bonfire of conveyancing searches. Previous to that, buyers of property were very much familiar with the phrase “let the buyer beware”. Issues big and small discovered after moving in were pretty much the new owners responsibility then.

The 1975 Act created a requirement for all conveyances to include two new forms

LLC1: Local Land Charges Register Certificate with details of any charges registered against the property on the Councils Land Charges Register

CON29: a list of 30/40 questions on various issues on the property and adjacent land.

These two forms would be treated as one document, known as the “Local Search”.

The combination of these two forms gave the purchasers legal advisor lots of information on who is responsible for what (who has to clean up that rear lane), and what you can or cannot do (can I cut down that tree or paint the window frames pink)?

The forms were traditionally posted into the local Town Hall in duplicate with plans attached. A few weeks later, one set was posted back to the lawyer requesting them. At times the delays in a system based on hand written record cards and microfiche and outmoded practices, led to a strangled housing market. The late 1980s boom invented the word “gazumping”, and search delays played directly into the hands of those using time as a lever to negotiate a higher price than the one previously agreed.

But there was an alternative

The Local Land Charges Act contains a paragraph based on the fact that the Local Land Charges Register is paid for and maintained at the local taxpayers expense. That piece of the Act allowed any person to be able to inspect the registers. Solicitors stuck with deadly delays would sometimes send a clerk to the Town Hall to exercise that right and produce a report of their own.

This alternative way of doing things needed some assurance of quality and insurance for any errors. Hence, the start of the personal search industry. Proper firms with training and insurance were needed. They would sue the right of access to produce search reports for local solicitor firms. So a new industry was formed.

The Water Industries Act 1991 played a major part in the history of this new trade

It took drainage questions out of the CON29 and created a separate report to be provided by the newly privatised Water Authorities. So now, two searches were needed. As that decade progressed, Environmental Reports started being created advising conveyancers on a huge range of issues from flood to historical land use, even planning nearby.

These were sanctioned by the Law Society who issued a “yellow card” warning to their members that these reports were needed in every case. Music to the ears of personal search companies and their environmental report suppliers.

Now, three searches were needed for every conveyance

And that number was only ever going to increase as firms saw the opportunities to provide ever more specialised and expert information to purchasers of property. Andrew Prismall, had the idea while waiting to see a client in Cardiff that if the firm combined the three together in one go, they could offer a discount on one of the reports. This was accepted gleefully by the client, and “Search Packs” were born. They are now the industry standard.

Along the way, the personal search industry has grown to be a well respected and much used service to the conveyancing professional. All of the reports they need, form one account with the same, single firm to deal with for everything available. It is also, unlike Council searches, heavily insured should a mistake be made.

HW Conveyancing Searches has never had a single claim against it

Over the years, a further level has been added to cover mistakes made by third parties. So, if it’s the Councils erroneous entry in the Register is the cause of the fault in the search, there is no need for claims and counter claims, restitution can be made directly with the source.

All search firms are also now registered with the PCCB Search Code. An independent accreditor and regulator for all such companies large and small. All searches now carrying the code logo protect the purchaser of that report even further. They know that the firm in question is registered and regularly audited by the PCCB. There is no such regulation for Council searches. Personal searches are now accepted by all the major lending institutions for mortgages, mostly down to this protection.

Now we have the following terminology, and the Conveyancer has the choice of

Council Search – sent to the local authority. Probably payment upfront, with a huge difference in charges. No insurance, no regulatory body.

Regulated Personal Search – emailed or ordered on line with a search company with all the other searches needed in one go. Payment on monthly account, same prices generally regardless of location. Two levels of insurance, fully regulated.