Land Charges Search
From GPG
Contents |
Local Land Charges Search
A Local Land Charges Search ("search") is usually submitted by a solicitor or licensed conveyancer to the relevant District or Unitary Council when land or property is being purchased, leased or valued. The search is used to find out if there are any matters affecting the property or land and, in particular, to identify details of any restrictions or legal obligations ("a charge"), which are enforceable against successive owners and occupiers of the property. A charge may be of a financial or non-financial nature.
Searches
Local Land Charges Searches are covered by the Local Land charges Act 1975. The search is done in two parts, which are usually submitted together:
- LLC1 - the Official Certificate of Search. This reveals all registerable charges, which include improvement grants, conditional planning consents, tree preservation orders, listed building status etc. The charges detailed on the local land charges register would not normally be disclosed by looking at title documents or inspecting the land or property itself.
- CON29 - Standard Enquiries of the Local Authority. These enquiries relate to various issues including planning, building regulations, highways (including public rights of way), common land and environmental health. From 1st August 2007 a revised CON29 search was introduced, the CON29 (2007 Edition). This comprises Required (CON29R) and Optional (CON29O) parts and the format allows customers to submit Optional questions individually if required and at a separate time from when the Required questions are submitted. The question on public rights of way that cross or abut the property is part of the Optional search.
The majority of searches are carried out by submission of the LLC1 and CON29 forms to the Council whose staff answer the search questions. In the case of Optional questions, only those questions specifically asked will be responded to.
Some searches are carried out as 'personal' searches. Personal searchers are not given, or entitled to receive, all the information necessary to answer all the questions on the CON29, and any information they do obtain is not covered by Section 10(3) of the Local Land Charges Act 1975, which relates to compensation for loss. A Council's insurers will only cover information given in Official Searches carried out by Council staff.
Search questions and public rights of way
CON29O contains as Question 5.1:
Is any footpath, bridleway, restricted byway or byway open to all traffic which abuts on, or crosses the property, shown in a definitive map or revised definitive map prepared under Part IV of the National Parks and Access to the Countryside Act 1949 or Part III of the Wildlife and Countryside Act 1981?
The answer to this question will depend on whether or not there is a Definitive Map prepared for the area and then whether or not any right of way is shown that abuts or crosses the property.
Anecdotal evidence suggests that the question and therefore the answers to it are misunderstood. For example, "None" would be a strictly correct answer to the question if the property falls in a previously excluded area for which no Definitive Map and Statement has yet been prepared. However, such an answer, without any caveats, would be likely to be interpreted as meaning that there were no public rights of way crossing or abutting the property; whereas there may in fact be rights of way abutting or crossing the property but as there is no Definitive Map and Statement, the answer to the question is still "None". Even in previously excluded areas where a map has now been published, the Council may be aware that since it has perhaps only included a proportion of the public rights of way that exist a negative answer is likely to be misleading.
There is no obligation on Councils to explain either the context of the search question or the precise context of the replies given, however it is good practice to ensure that a misleading impression is not given.
City of Bradford Metropolitan District Council, prior to preparing a definitive map and statement for its previously excluded area, used the following formula where it was believed that public rights existed:
"The former County Borough of Bradford did not adopt Part IV NPACA 1949. There is no definitive map for this area. The information supplied is an interpretation of records kept at the Rights of Way Section, address, telephone number."
Leeds City Council, which has a relatively recently completed definitive map for the Leeds City area, uses the following response for properties in the Leeds City area where a negative response is required:
"None. A definitive map for the Leeds City area has now been published relevant date 1 July 2010. However, a survey of all paths has not been completed and whilst this does not preclude the existence of unrecorded rights of way I am unaware of any claimed rights of way existing over the searched property. If in doubt, solicitors are advised to contact xxxxx"
The concept of the Definitive Map and Statement as a legally conclusive record, which shows public rights of way without prejudice to the existence of other rights of way is also not widely understood. To combat potential difficulties with search questions responses, Leeds City Council has standard responses as follows:
"None — However additional public rights of way may exist other than those shown on the definitive map. If in doubt, solicitors are advised to contact xxxxx"
"Yes, Public Footpath / Bridleway / Restricted Byway / Byway Open to All Traffic ... Path No ... crosses / abuts the site as shown approximately on the attached plan. Additional public rights of way may exist other than those shown on the definitive map. If in doubt, solicitors are advised to contact xxxxx"
In circumstances where a Definitive Map Modification Order application has been received, but not yet processed to completion, details of the application will be given and solicitors invited to contact the Council.
CON29R contains as part of Question 3.6:
Has a local authority approved but not yet implemented any of the following for the roads, footways and footpaths (named in Box B) which abut the boundaries of the property (a) permanent stopping up or diversion?
The practice in Leeds is to answer either yes or no as appropriate. A yes answer is appropriate where a public path order is being processed but has not yet been completed. For completeness Leeds also includes information about any orders affecting bridleways, and any public path creation orders. If the subject of the search is affected by either a public path shown on the Definitive Map and Statement, or by an application for a DMMO, and the search has not asked the optional question at 5.1 the Leeds practice is to add:
"Solicitors are advised to contact xxxxx regarding a definitive/claimed footpath/bridleway."
