Pre-contract searches and enquiries are a necessary step in the conveyancing process. The enquiries involve a fairly standard form, through which you inform the buyer of various details and relevant facts concerning the property. You could be liable if you give an untrue reply to a buyer’s enquiry.
Common property disputes could include disputes with neighbours about noise, overhanging trees, extensions or shared repairs. Whatever the dispute, it needs to appear here.
Boundaries are the edges of a property to indicate who owns and is responsible for what. Legal boundary disputes arise when a seller has not stated exactly where boundaries are and who has responsibility for maintaining the fences/hedges that surround them, so ensure there are no ambiguities for the buyer.
You should list any planning constraints and permissions to your buyer. If you have made any modifications to the property then you will be expected to show that they have been approved. If planning consents have been awarded for future developments then they should be detailed.
Rights of way
Inform your buyer about any public footpaths or rights of way on the property.
Common examples of rights of way could include:
- Shared access ways/drive ways (e.g. a shared drive with a neighbour)
- Rights to run service pipes and cables under land or property.
Buyers should be informed of any restrictive covenants (a binding promise not to do certain things with a property or its surrounding land. Examples of forbidden restrictions could include not keeping animals in the property, painting the exterior, or not to run business from the property.
List of contents
Property lists are constructed of exactly what the sale price includes. Examples of things included could be appliances, light fittings,
Buyers and sellers need to agree what exactly the sale price includes, and make a comprehensive list. This is likely to cover things like curtains, appliances and light fittings – even the contents of the garden, as sometimes sellers will want to uproot and take favourite plants.
Exchanging contracts means that you and the buyer are both legally committed to the sale so you should make sure everything is in place before hand.
If you are exchanging contracts, you and the buyer need to agree on all aspects of the sale including the price, the date of completion and which fixtures and fittings are included.
At this point your buyer should have all the information they need on the property.
Your conveyancer will work with you to ensure that all aspects of the sale comply with the law, and your buyer has all concerns resolved before the purchase is completed.