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 Legal easy from Complete guide to Homebuying June 2002 Solicitors play a major part in any house purchase, picking up many of the important jobs like drawing up contracts and carrying out searches . Hilary Osborne explains what they're looking for The word conveyancing covers the entire legal process involved in buying and selling a property. It is possible to do the legal work yourself, but most people prefer to call in an expert. As a buyer you need a solicitor to liaise with your lender, arrange the searches, read any lease and organise for you to be registered as the new owner of the property. The seller's solicitor will draw up a contract, deal with the property information forms from the buyer's solicitor and organise for the title deeds to be to the new owner of the property. Among the most baffling elements of the conveyancing process are the searches. These are initiated by your solicitor who asks the relevant bodies questions about planning permission on the property any planned new roads, if the property is connected to the public sewer or built on contaminated land. The number and type of searches done depends partly on you, partly on your lender. "It's driven to a large extent by the lender's requirements," says John Cruickshank of law firm Cruickshanks. "There's a list of criteria that they've tried to standardise. The standard thing for all buyers - whether they are getting a mortgage or not - is the local authority search." On top of this, most lenders will require a water search and, if you are living in certain areas, a coal mining search. Many solicitors now also recommend an environmental search, particularly for properties built on brownfield land or near a suspected flood plane. You don't have to have this done but as with a survey you need to weigh up the cost of the search against the risk of future problems. In order to get the best out of your solicitor you should tell them as much as you can about the property. The Land Registry plans will tell them a lot about the area but if there is anything you are particularly concerned about you should let them know. Cruickshank complains: "Clients often have the mistaken idea that even though we're sitting in the office we know what the property looks like." Some solicitors will send you a checklist so that you can give them an idea of what the property is like. A checklist is also sent to the seller's solicitor. This asks about the property, any lease that might exist and what the property is used for. There will also be questions about walls and fences, access, any fixtures and fittings, etc. Searches explained: Local Authority search This search should reveal details of the planning history of the property you intend to buy and if the local council is aware of any breaches in planning permission. It should also tell you of any proposals for new roads or traffic schemes within 200 metres of the property and any preservation orders on trees in the land you are buying. It won't however tell you about anything that is being built on adjacent land. Michael Carter, head of conveyancing at law firm Scott Rees & Co, says: "A better title for this search would be the personal property search. If you're buying number 86 Acacia Avenue and you have a serach done it will only tell you about that property - so if number 84 has planning permission to build a two storey extension the search wouldn't show that up." The search should take between one and two weeks. The cost varies from council to council, most charge around £60 to £70 but some London borough ask for nearly £200. Water search This search is designed to show whether waste water from the property runs into a public or private sewer. The search used to be handled by the local authority but is now done separately by the water boards - which means extra cost. The search request is sent to the local water board. It provides information about whether the property is connected to the public sewer system and if there are any public sewer or water supplies running under the property which could mean disruption if they need maintenance or repair. If there is a private system you may be responsible for paying for maintenance. Most waterboards offer two levels of service - a fast-track service which aims to complete the search in 24 hours and a normal service which turns the search around in about five days. The fast track service is likely to cost upwards of £40 while the normal service usually costs around £30. Environmental Search This search is designed to reveal if there are any landfill or waste disposal sites in the area, if the property is built on an old industrial site, or near contaminated land or a flood plane. Recent changes in the law mean that if an area is found to be contaminated and those responsible cannot be traced, the owner of the land has a duty to clear it up. This hasn't been tested yet so it is unclear whether there will be cases where homeowners are asked to pay up, but many are considering an environmental search before they move in. "Environmental issues are hotting up so we strongly recommend that people have an environmental search done, particularly if their property is built on brown land," says Carter. Properties built in the 1940s, 50s and 60s may all be on contaminated land, but even those built early in the century could have been built n land where zinc and mercury has been used. The cost is likely to be around £35. Other searches Brine search - recommended in some areas, including Cheshire. Tin mine search - recommended in former tin mining districts, for example, Devon. Railway search - recommended if you live near an underground station in London or your home is built over a line. Chancel repairs search - recommended if the property is next to a church. This will reveal whether as owner of the property you would be liable to pay for any church repairs. These searches should not cost more than £10 each. 
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