Conveyancing Searches

The terms “conveyancing searches” or “property searches” will be terms you hear if you are buying or selling a property in Scotland. Both phrases relate to the same type of searches and can be used interchangeably. If you are selling a property you will be asked to meet the cost of these searches but if you are buying a property, the seller will meet the cost associated with searches.

So what are searches? Conveyancing searches provide solicitors with information specific to the particular property you are buying and can identify risks relating to the property. The three main searches we obtain are Legal Reports, Property Enquiry Certificates and Coal Mining Reports.

The Legal Report searches in the Land Register of Scotland, Inhibitions Register and Insolvency Register. This allows us to identify who owns the property as well as identifying any inhibitions or financial issues relating to either the purchaser or seller which would prevent the transaction from proceeding.

The Property Enquiry Certificate confirms if the property is a Listed Building or lies within a Conservation Area as well as confirming if the property is connected to mains water and drainage or a private water supply. Additionally, the Property Enquiry Certificate will identify any Statutory Notices affecting the property as well as confirming if the roads around the property are public or private. The final thing the Property Enquiry Certificate confirms is if there are any Planning or Building Standards Notices affecting the property.

The Coal Mining Report is only relevant for properties which are located within a former coal mining area. The Coal Mining Report will provide information relating to past, present, and future mining and will identify the impact of any such mining on the property you are buying. The Coal Mining Report may highlight instabilities or mine entries which will require further investigation.

Depending on the type of property you are buying and the location of the property, other conveyancing searches may be necessary. A Flood Report or Environmental Report may be necessary if you are buying in an area which is close to a river or to a power station. These searches are not uncommon despite the fact they are not necessary for every transaction.

The Legal Report, Property Enquiry Certificate and Coal Mining Report can be provided by the selling solicitor at any point during a transaction. Whilst arguably it is preferred to have these searches prior to missives (the contract) being concluded, it is not essential provided your solicitor makes provision within the missives to ensure you are protected in the event the searches identify any adverse issues.