Law guide: Property

See how we helped Michael

"Fantastic! The legal document I used was so comprehensive and easy to complete. It is very reassuring to know my business now has this level of protection"

Michael S, London

Checking the site

Checking the site

Local searches and enquiries

In commercial transactions, apart from making the usual enquiries with the local authority, it is often worth considering the possibility of making additional enquiries. An example could be checking the location of gas pipelines that may run close to the site.

Planning matters

Enquiries have to be made by the developer relating to the current use of the land as indicated by the development plan, as well as whether planning permission is currently in force. Furthermore, the developer may wish to know whether there have been any past applications for permission that have been unsuccessful. A full planning history of the site can be obtained from the local authority.

Drainage

It will be important for the developer to work out how foul and surface water are currently drained away to public sewers, to give an idea of whether the current drainage system could cope with foul and surface drainage from the developed site.

Roads

The developer will need to know that immediate access to the site can be obtained from a public road, and that there are no new roads proposed nearby which would adversely affect the development.

Enquiries of the seller

Where a draft contract is being adjusted, pre-contract enquiries of the seller will be raised to discover further information about the planning status of the site; the location of public drains and roads; the suitability of the land for the developer's purposes; and possible past contamination of the land. Where the contract begins with a formal offer, the offer will include obligations on the seller to provide this information and will be conditional on the buyer being satisfied with the answers. Although information regarding these matters can come from other sources, that alone should not be a sufficient reason for the seller to refuse answering.

Survey and inspection

It is worth conducting a survey and/or inspection of the site before concluding missives, in order to:

  • Assist in establishing ownership of, or responsibility for, boundary walls, hedges and fences;
  • Discover the existence of public or private rights of way;
  • Spot the presence of overhead electricity power lines which would prevent or impede development;
  • Discover the rights of persons in occupation of the land;
  • Ensure that adjoining landowners do not enjoy the benefit of servitudes of light or air which would impede the buyer's proposed development.

Investigation of title

A thorough investigation of title to the site is important to ensure that the seller has the right to sell; that the buyer will enjoy the benefit of all necessary servitudes, especially rights of access and drainage; and that there are no burdens restricting the proposed development or use of the site.

Copyright © 2024 Epoq Group Ltd. All trademarks acknowledged, all rights reserved

This website is operated by Epoq Legal Ltd, registered in England and Wales, company number 3707955, whose registered office is at 2 Imperial Place, Maxwell Road, Borehamwood, Hertfordshire, WD6 1JN. Epoq Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 645296).

Our use of cookies

We use necessary cookies to make our site work. We would also like to set some optional cookies. We won't set these optional cookies unless you enable them. Please choose whether this site may use optional cookies by selecting 'On' or 'Off' for each category below. Using this tool will set a cookie on your device to remember your preferences.

For more detailed information about the cookies we use, see our Cookie notice.

Necessary cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Functionality cookies

We'd like to set cookies to provide you with a better customer experience. For more information on these cookies, please see our cookie notice.