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Legal Search: Buying a house without one?

(28 Posts)
Skydancer Fri 25-Feb-22 16:10:47

We are buying a house in the middle of an 25-year-old estate. There will be no roads built nearby. It cannot flood. Nothing is planned for the area. There has never been mining. Our solicitor says we really do need to have a Search done but we don't want one as we want to speed up the process. Has anyone ever bought a property without having a Search done? Having looked at the Search done on our last house, it didn't show anything we didn't already know and seemed a waste of time and money. I could understand it if this was an unusual, one-off house but it's just like the other 60 or so nearby.

tanith Fri 25-Feb-22 16:46:02

May I ask how you can possibly know that none of those things won’t happen in the future? It’s standard practice to do ‘searches’ when buying a property. Personally I’d rather pay out so that I have peace of mind.

midgey Fri 25-Feb-22 17:02:47

You can do your own searches.

Germanshepherdsmum Fri 25-Feb-22 17:13:03

Searches show all sorts of things apart from those you mention. I could give you a long list but I’m retired so ask your solicitor. If you’re not getting a mortgage no-one can force you to have searches carried out but you’ve heard of the saying ‘marry in haste, repent at leisure’, which you can adapt to many things. Searches don’t take long and you’d be off your head not to have them done. I trust you’re having a survey done? It can take longer to get the surveyor round than to get search results. Don’t fall into the trap of not having a survey because the property’s only 25 years old.

Peasblossom Fri 25-Feb-22 17:51:04

Searches are done online now and can only take a couple of days. Mine showed all kinds of interesting things like the proximity of different businesses that might involve pollution.
And historic use that might have polluted the soil in the past.

But your choice.

Whiff Fri 25-Feb-22 18:02:07

Skydancer you need to have a search done . As I know people who pulled out of buying properties because the searches should up problems. Yes it does slow things down but it's madness not to have one done. You wouldn't buy without having a survey done so what's the problem with having searches done.

Germanshepherdsmum Fri 25-Feb-22 18:05:40

Correct Peasblossom. The days of searches holding things up are long gone. Unless of course they reveal something nasty ...

Sago Fri 25-Feb-22 20:00:01

Our solicitor told us with every house purchase you must “ dot your i’s and cross your t’s”
He has guided us through 10 property transactions, his conveyancing team are brilliant and worth every penny.
There are so many things a search can throw up.
During the first lockdowns searches were taking forever, I believe it’s back up to speed now.
Please have the searches done, you never know.

Teacheranne Sat 26-Feb-22 01:12:10

When I was buying my house ten years ago, I pulled out of one purchase after the search showed that the house used to belong to the local church and was still liable for repairs to the building and grounds - even though the church building was no longer consecrated but was still owned by the church and was being used as a community centre. My solicitor showed me a case in law where a house owner became liable for a huge bill to repair a church tower that was miles away from his house but a search would have showed the situation. I think I paid a bit extra for a search of churches as well as old water courses but I am a worrier and tend to go OTT on researching things!

Your house might look the same as all the others near by but could be affected by something very local, perhaps linked to previous building work, industry etc. Subsidence caused by underground water courses or filled in ponds can impact just a few houses, that has happened near me where over time a few bungalows have been rebuilt.

Mind you, I’m not totally sure exactly what a search will throw up so I could be talking a load of nonsense! But I would not risk it.

Oldwoman70 Sat 26-Feb-22 07:41:09

I worked in conveyancing for over 30 years and I have never heard of anyone buying a property without carrying out searches - forgive me for saying so but to do so would be very foolish. There are various searches which can be done and which can show up lots of things, not just those you mention. When you consider the cost of buying a property the cost of the searches is a worthwhile outlay

Jaxjacky Sat 26-Feb-22 08:25:04

For all the reasons mentioned already I’d get one done.
If you don’t and you sell in the future, potential purchasers may find something in a search that stops the sale.

Germanshepherdsmum Sat 26-Feb-22 08:48:46

At least chancel repair liability (which is what teacheranne was referring to) no longer attaches to property unless registered against the title. But there are plenty of other nasty things that searches can show up.

Skydancer Sat 26-Feb-22 13:08:08

I can see you all advise me to do it. However I'm wondering if we can ask for just PART of the search. There really is no need for some of it. When we were buying a different house, the Search revealed that HS2 and Crossrail were not coming near the property. We are in the Westcountry! My only real interest would be in the house itself, ie planning permission, Land Registry etc. I absolutely do know that nothing whatsoever is planned for the nearby area nor could it ever be unless 60 or so houses were demolished.

Germanshepherdsmum Sat 26-Feb-22 13:36:10

You can’t ask for just some of the questions on a local search form to be answered. There is however a set of additional optional questions which your solicitor may want to advise depending on the property and area. The only other usual searches are environmental (advisable - would you prefer know if for instance the development is built on the site of a former tannery so there could be anthrax spores in the soil or old gravel workings that might cause subsidence?), mining in an existing or former mining area (vital in such an area), and Land Registry (vital). I don’t understand why you’re so set against having full searches carried out - they really don’t take very long these days, nothing like the delays they could cause years ago.

Oopsadaisy1 Sat 26-Feb-22 13:44:38

Probably the most expensive item you will ever buy and you don’t want to find out anything that might adversely affect it?

How odd.

Germanshepherdsmum Sat 26-Feb-22 13:55:33

I’d bet my bottom dollar you’re not having a survey. Please tell me I’m wrong.

AreWeThereYet Sat 26-Feb-22 18:03:26

We thought our house couldn't flood. But 15 years ago it flooded. Freak heatwave followed by massive downpour, on clay soil, and the Council hadn't been cleaning out the drainage ditches along the road sides = whole area flooded as the water ran down the gardens beside us, and the main roads had 2-3 inches of water running down them. The water ran into the back of our house and out the front for over 2 hours. We're in Surrey. Without a search would you know this had happened? Although it was a freak and unlikely to happen again, unlike a flood area.

lynx Sat 05-Mar-22 22:50:17

We had a conveyancer, not a solicitor, and he did some searches but also advised which were a waste of money. We did have a coal mining search due to this being a coal mining area but did NOT do a survey.
And we've never had any problems.
The Land Registry search is to prove ownership but there are cases of people being cheated on this too. Our previous owner was deceased so the Land Registry search didn't help!
We didn't have a survey on our previous property either but lived there 30 years with no problems.
Having said that, it is up to the buyer to decide what is and isn't necessary.

Nanawind Sat 05-Mar-22 23:25:03

We sold Mil bungalow at and the buyers didn't want ANY surveys.
Paid cash. Their solicitor and ours advised that they need one.
From the moment they viewed until exchange it took 3 weeks.
According to the neighbours who we keep in touch with they are
very happy. Glad they moved.

Deedaa Sun 06-Mar-22 00:00:48

For the vast majority of us a house is the most expensive thing we are ever going to buy. It seems false economy to try and cut too many corners.

jeanie99 Sun 06-Mar-22 01:30:43

I can't imagine anyone not having a search done on a property which will be costing hundreds of thousand pounds, unbelievable just to save a few pounds.

Germanshepherdsmum Sun 06-Mar-22 09:44:01

lynx

We had a conveyancer, not a solicitor, and he did some searches but also advised which were a waste of money. We did have a coal mining search due to this being a coal mining area but did NOT do a survey.
And we've never had any problems.
The Land Registry search is to prove ownership but there are cases of people being cheated on this too. Our previous owner was deceased so the Land Registry search didn't help!
We didn't have a survey on our previous property either but lived there 30 years with no problems.
Having said that, it is up to the buyer to decide what is and isn't necessary.

Obviously you were buying from the executors of the deceased owner. The Land Registry search would have proved that he was the owner, the probate would have proved that they were entitled to sell on his behalf. Also that there was nothing unpleasant on the title that you needed to be aware of.

Not having a survey is taking a huge gamble. Each to their own.

Allsorts Mon 14-Mar-22 08:51:26

It’s most peoples most expensive purchase and one that effects your whole way of life. Why would you ruin things by this small amount.?

Elegran Mon 14-Mar-22 09:46:44

Would you buy a used car without a test run, and/or without having an expert examine it? A house costs you many times what a car does.

Don't do it. With a survey you would find out about the expensive problems you were going to face, before you became the proud owners of a wreck. Without one you would be buying a pig in a poke.

Why spoil the ship for a ha'porth of tar? Or, for speed, make your offer "subject to survey" so that should anything bad be found you can back out.

Franbern Mon 14-Mar-22 10:37:46

Not so sure about surveys showing up serious faults in the property. Yes, they should do so but so many surveys now seem to have so many 'disclaimers', that they hardly become worth anything.

Thinking here also of Shandy who purchased her bungalow less than a year ago, full very expensive survey -which failed to show up that virtually the whole if the floor was rotten with Dry Rot - 'disclaimer' in place.