Searches

We confirm that it will be necessary for us to undertake a number of searches on the property which you are purchasing during the course of your transaction. All disbursement costs incurred by ourselves in this regard will need to be met by you prior to us commissioning the searches on your behalf. All such disbursements will be payable by you, whether or not the transaction proceeds to a satisfactory conclusion. Please provide us with your payment on account of the search disbursements as soon as possible so that we may order your searches. Any delay in providing us with a payment on account in this respect may ultimately delay your property transaction.

In the event that you are obtaining a mortgage on the property, in order to facilitate its purchase, your mortgage lender will insist that we undertake a number of searches on the property. Ordinarily, we will undertake a Personal Local Authority Search on the premises, which will either be conducted by ourselves or Search Agents which we commission on your behalf.

We undertake Personal Local Authority Searches via our Search Agents in order to ensure that your transaction is processed as quickly as possible. Some Local Authorities take considerably longer than Search Agents to produce Local Authority Searches which may sometimes delay property transactions. Certain questions and issues relating to the Local Authority Searches may not be answered as thoroughly by our Search Agents as if we were dealing with the Local Authority direct. Certain Mortgage Lenders insist that we only utilise the services of the Local Authorities in obtaining Local Authority Searches in order to ensure that they have as much information as possible to hand in this respect. In the event that you wish us to utilise the services of the Local Authority direct please contact us immediately in this regard as it will be necessary for us to implement your Local Authority Search immediately to avoid any time delay in its production.

During the course of your property transaction, we will be undertaking a number of searches against your property including the following searches:

a) Local Authority Search.

The Local Authority Search is a very important search which will reveal information recorded by the Local Authority in relation to the transaction property. The information will include, amongst other things, information in relation to planning consents or enforcement notices, highway adoption and future potential road works. The Local Authority Search is a vitally important search which your Mortgage Lender will insist that we obtain prior to completion of your property transaction. In the event that you are not obtaining a mortgage we would recommend that you do not proceed with your property purchase until such time as we have obtained a satisfactory Local Authority Search on your behalf.

b) Environmental Search

The Environmental Search identifies known environmental risks such as past and present contaminated land use, landfills, the probability of radon gas build up, flooding and subsidence, which may affect the value of the property. We are not qualified to interpret the results of your Environmental Search and should you have any concerns we would suggest a referral of the results to a qualified Environmental Surveyor. Further information will be provided on request.

c) Drainage Search

A Drainage Search will ordinarily reveal whether or not the property has the benefit of mains drainage and which Water Authority takes responsibility in this regard.

d) Coal Authority Search

We will undertake a Coal Authority Search on the premises in the event that it falls within a pre-destined Coal Authority Search area. The Coal Authority Search will reveal whether or not the property has or is likely to be influenced by past or future coal mining activities.

e) Know Your Neighbour

This search is a comprehensive guide which provides details relating to your prospective neighbours and neighbourhood. The data supplied in the report includes local information on the property sector, education, health, law and order, an aerial photograph of the property and detailed planning information on the surrounding area.

f) Additional Searches

Unless specifically requested by you to the contrary, in writing, we will undertake Local Authority, Environmental, Drainage Searches and a Know Your Neighbour Report on your behalf.

In the majority of cases we will utilise the services of our search providers to undertake a search against your new property address and provide us with confirmation as to what additional searches would normally be required in relation to the proximity of your new property. This additional "Search Seeker" facility will reveal which additional searches you should undertake in relation to your property transaction, for instance Coal Authority or Brine searches. The cost of this "Search Seeker" facility will amount to £20.00 inclusive of VAT per transaction. The recommended searches will be provided at rates specified by the search provider. Unless otherwise instructed by you we will undertake the necessary "Search Seeker" facility and obtain the recommended searches on your behalf. We will advise you immediately of any additional payments that may be required in this regard.

Should you have any additional enquiries with regard to the searches which it will be necessary for us to undertake prior to completion of this transaction, please do not hesitate to contact us. Please provide us with your payment on account of the aforementioned searches as detailed in our initial letter of instruction to you as soon as possible.

In the event that there are additional searches that you require, or which you feel would be appropriate for us to undertake in relation to your property transaction, please contact us immediately in this respect.

Please note that the cost of the above mentioned searches will amount to somewhere in the region of between £200 and £380 inclusive of VAT. We will notify you immediately in the event that the cost exceeds the payment on account that you have provided us with and request that you provide us with an additional payment in this respect.

Unless we receive confirmation from you to the contrary, we shall proceed to commission all of the above searches on your behalf without providing you with a detailed breakdown in this regard.

We will endeavour to provide you with copies of all relevant searches following their satisfactory receipt. We confirm that we will raise any additional enquiries which we deem necessary in order to safeguard your position, and that of your Mortgage Lender, in relation to your property transaction.

Please note that no warranty is given by us in respect of the results of your Searches. In the event that additional information is required in respect of any adverse Search results specialist information should be obtained from a suitably qualified individual in this respect. In particular here we are referring to Environmental and Structural issues upon which we are not qualified to provide you with any advice whatsoever.

Please note that we will undertake all relevant Searches on your property as soon as possible in order to ensure that you are in a position to proceed to completion of your property transaction as soon as we receive your offer of mortgage. In the event that you wish us to delay requesting searches on your behalf, please notify us immediately in writing in this respect.

g) Chancel Repair Insurance Policy

We have negotiated a Chancel Repair Block Indemnity Insurance Policy via a company called ISIS, who are Conveyancing Insurance Specialists. The Policy is a Legal Indemnity Policy relating to the purchase property and the legal interest that you are about to acquire in it. Chancel Repair liability is an ancient interest benefiting many churches in England and Wales, potentially allowing the church to require owners of former rectoral land to meet the cost of repairing the church chancel. This Policy has been designed for a situation where the transaction property is, or may be, within the historical boundary of a parish with a potential Chancel Repair liability and you become liable for payment or any claim made against you for Chancel Repair liability.

The total cost of our Chancel Repair block Insurance Policy including our charges will amount to £20.00 inclusive of VAT. Whilst we are satisfied that this is a comprehensive Policy, you are free to take your own advice as to whether or not a more suitable or cost effective Policy is available in the market place in this respect. By instructing us to act on your behalf, you are providing us with authority to implement our block Chancel Repair Search Indemnity Insurance Policy on your behalf. In the event that you do not wish to take the benefit of this block Insurance Policy, please provide us with your written instructions in this respect.

The following information provides a summary of the cover provided under the ISIS Chancel Repair Liability Indemnity Insurance Policy. It does not contain the full terms and conditions of the Policy. A full copy of the Policy will be available upon completion of your property transaction. In the event that you require sight of this document prior to completion, please do not hesitate to contact us in this respect.

A summary of the Policy details are as follows:-

The Underwriters of the Policy are Liberty Legal Indemnities at Lloyds (Syndicate 4472).

The purpose of this type of Policy is to protect you so that you are reimbursed with the financial loss you may incur as a result of the claim and to ensure that you are placed back in the same position as you enjoyed prior to the claim (subject to the terms and conditions of the Policy).

The Policy extends to cover you, future owners and mortgagees within the term outlined in the Policy. Please note the following conditions and exclusions in relation to the Policy:-
Cover does not apply where it is known that, at the time of arranging this Policy, Chancel Repair liability was already registered against your property at HM Land Registry, there was evidence of actual liability recorded in your Title Deeds and/or a demand for payment in respect of liability had previously been made.
The existence of this Indemnity Policy should not be disclosed to any Third Party other than prospective purchasers, mortgagees or Lessees of the property, without the prior written consent of the Underwriters.
Any act or omission by you, which in whole or in part induces a claim under this Policy, will prejudice your position and could void the Policy.
Neither you, nor your professional Advisors, should take any steps to compromise or settle any claim without the prior written consent of the Underwriters.
The Policy remains in force for a period of 25 years from the date of commencement or, for any mortgagee, for the full term of the mortgage.
In the event that you wish to notify a claim under the Policy, please do so in writing by contacting the Claims Manager, ISIS Conveyancing Insurance Specialists, The Royal, 25 Bank Plain, Norwich, Norfolk, NR2 4SF.
h) Commons Registration Searches
It is vitally important that you draw our attention to the fact your property may be surrounded by or close to areas of Common Land. Commons Registration Searches are vital in such circumstances in order to ensure that you are able to access your property without hindrance. In the event that you require any additional information in this respect, please do not hesitate to contact us.

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