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listed building
should my solicitor have known if a building was listed
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I take it that nothing was mentioned in your report on title or any other communications with your solicitor? Are you now facing a problem due to a building being listed and have you suffered any loss because of it?
Provided the building you are referring to is the one you purchased rather than say a neighbouring propery...
Usually a listed building would show up under replies to part Con29 of the local search submitted. Did you get sent a copy of it or could you ask your solicitor to send you one, will be kept with the deeds which if not stored with your lender will most likely be stored at your solicitor's office.
It is also worth checking whether anything was mentioned on the Seller's Property Form as there is usually a question on there which asks if the seller is aware if the property is listed or in a conservation area. There is a "not known" option though. Again this may have been sent to you or would be in the deeds or with your file in their archive.
A solicitor can only go off the information that they have and client instructions, does the building look listed or were there any clues to lead them to think that it might be from the information with which they were provided which may have lead them to make further enquiries? Did you specifically ask them to check or make any enquiries?
If the fact was given to them eg local search result or SPIF then they should have advised you due to restrictions this may place on what you can do with the property and such as regards work, planning etc...
If I had a suspicion from say sales particulars where a building looked like it could be listed I'd have probably raised it in additional enquiries. If there was no indication in the papers received such as the local search and SPIF and no instruction was made by yourself to check then your solicitor may have deemed this sufficent not to enquire futher.
Hope
Provided the building you are referring to is the one you purchased rather than say a neighbouring propery...
Usually a listed building would show up under replies to part Con29 of the local search submitted. Did you get sent a copy of it or could you ask your solicitor to send you one, will be kept with the deeds which if not stored with your lender will most likely be stored at your solicitor's office.
It is also worth checking whether anything was mentioned on the Seller's Property Form as there is usually a question on there which asks if the seller is aware if the property is listed or in a conservation area. There is a "not known" option though. Again this may have been sent to you or would be in the deeds or with your file in their archive.
A solicitor can only go off the information that they have and client instructions, does the building look listed or were there any clues to lead them to think that it might be from the information with which they were provided which may have lead them to make further enquiries? Did you specifically ask them to check or make any enquiries?
If the fact was given to them eg local search result or SPIF then they should have advised you due to restrictions this may place on what you can do with the property and such as regards work, planning etc...
If I had a suspicion from say sales particulars where a building looked like it could be listed I'd have probably raised it in additional enquiries. If there was no indication in the papers received such as the local search and SPIF and no instruction was made by yourself to check then your solicitor may have deemed this sufficent not to enquire futher.
Hope
Jenna - Are we really in a world where - when a property changes hands - all the implications and costs (sometimes horrendous) of listing rely on the honesty of the seller in putting info on a form or on the Council not making a mistake on the search form? Perhaps I've mis-read your post, but that's what it seems to mean.
From what you say I assume that the fact of a listing does not have to be entered on the land registry title. If so, I'm amazed - restrictive covenants have to be entered & listing is (in many cases) more important & can be much more restrictive.
I don't think anyone coulde be expected to rely on whether a building looks listed. So many weird and wonderful buildings (and a lot of not so wonderful ones) get listed that it would be very easy to get caught out.
From what you say I assume that the fact of a listing does not have to be entered on the land registry title. If so, I'm amazed - restrictive covenants have to be entered & listing is (in many cases) more important & can be much more restrictive.
I don't think anyone coulde be expected to rely on whether a building looks listed. So many weird and wonderful buildings (and a lot of not so wonderful ones) get listed that it would be very easy to get caught out.
Hi themas, I'm a commercial property solicitor but have also done a fair amount of residential work.
No listed building status isn't on the title.
The main proof a building is listed is an entry on the planning history part of the local authority search. Example of a Con29 form here...
http://www.eastherts.gov.uk/council/land_searc hes/CON29.pdf
The main search form is the same but style of reply differs from local authority to local authority, some are even still handwritten!
As for the SPIF form an example here...(Section 10).
http://www.lewessmith.co.uk/docs/seller_prop_i nfo.pdf
As or the additionals mentioned, when I get the initial info such as sales particulars in or any other info which could suggest a building is listed I would tend to raise an enquiry early on so that, if listed, I could inform my clients of the possible implications and take their further instructions.
Trouble is much conveyancing nowadays is such a get em in and get em out sausage factory service as it's a good consistent earner for the firm and as files are often run on a day to day basis by unqualified people things are unfortunately not always, in my opinion, spotted and looked into in as much detail as they should be.
No listed building status isn't on the title.
The main proof a building is listed is an entry on the planning history part of the local authority search. Example of a Con29 form here...
http://www.eastherts.gov.uk/council/land_searc hes/CON29.pdf
The main search form is the same but style of reply differs from local authority to local authority, some are even still handwritten!
As for the SPIF form an example here...(Section 10).
http://www.lewessmith.co.uk/docs/seller_prop_i nfo.pdf
As or the additionals mentioned, when I get the initial info such as sales particulars in or any other info which could suggest a building is listed I would tend to raise an enquiry early on so that, if listed, I could inform my clients of the possible implications and take their further instructions.
Trouble is much conveyancing nowadays is such a get em in and get em out sausage factory service as it's a good consistent earner for the firm and as files are often run on a day to day basis by unqualified people things are unfortunately not always, in my opinion, spotted and looked into in as much detail as they should be.
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