Frederickkuo
Housing Notes

A written reference on housing and place

markets, transactions, money, tenure, streets

Transaction hall

Searches, title and what the paperwork is for

The legal stage of a purchase answers one question in several parts: what exactly is being bought, what comes with it, and what is attached to it that cannot be seen on a viewing.

The main strands of the legal stage
StrandQuestion it answersTypical findings
TitleWho owns it and on what termsRegistered extent, class of title, rights and burdens recorded against it
Boundaries and extentWhere the property stopsPlan does not match the fence line; a strip is unregistered; a shared access
Rights and easementsWhat crosses the land and what the land crossesA right of way, drainage through a neighbour, shared drive, services under the garden
CovenantsWhat the owner has promised not to doRestrictions on alteration, business use, parking or building on part of the plot
Local authority searchWhat the authority knows about itPlanning history, enforcement, road adoption status, nearby schemes
Drainage and waterWho is responsible for the pipesPublic sewer crossing the plot, private drainage, responsibility for a shared run
Environmental and area searchesWhat the ground and surroundings are likeFlood exposure, former land use, ground stability, other locally relevant matters
Leasehold particularsWhat the lease actually says, where relevantTerm remaining, service charge basis, consents required, obligations on the owner

Why the plan and the fence disagree

Registered plans generally show the general extent of a property, not a precisely surveyed line. Fences move, hedges grow, previous owners come to informal arrangements. Small discrepancies are extremely common and are usually resolved by asking the seller to state what has been treated as the boundary and for how long. Large ones, or ones involving access, deserve real attention before exchange.

Covenants and why old ones still matter

A restrictive covenant is a promise attached to the land rather than to the person, so it can survive many changes of ownership. Some are ancient and unenforceable in practice; some are recent and very much enforced, particularly on estates with a management structure. The important thing is to know they exist before making plans that depend on ignoring them.

What a search does and does not cover

Searches ask specific bodies specific questions about a specific address. A local authority search reports what that authority holds about the property; it does not report what a neighbouring authority holds, nor what is proposed but not yet recorded, nor what a neighbour intends. Buyers who expect a search to describe the future of the area are asking a question no search is designed to answer.

Alterations without paperwork

Where work has been done that should have been consented, the missing consent is itself a defect in the title package. There are established routes for dealing with it, and which one is appropriate is a matter for the conveyancer. What matters practically is that this is discovered early, because resolving it takes time and the discovery frequently arrives late.

Leasehold, in outline

Where a home is held on a lease, the buyer is acquiring a long right to occupy on stated terms rather than the land itself. The terms are the substance: how long remains, what is charged and on what basis, what the owner may and may not do without consent, and who is responsible for the structure. A short remaining term changes both the value and the financing of the property, which is why it is one of the first things a lender asks about.

Why it takes so long

Every strand above depends on a third party answering. Each answer can generate a further enquiry, and each further enquiry restarts the wait. The legal stage is not slow because the work is difficult; it is slow because it is a chain of correspondence in which no one party can move faster than the one it is waiting for.