The following Property practice note provides comprehensive and up to date legal information covering:
More specific searches and enquiries may be required depending on the property location, its surrounding area and the buyer’s plans for the property. Consider its proximity to railway lines (over and underground), waterways, quarries, mines, electricity pylons and cables, gas pipes, oil pipes and telecommunication cables. Virtually all searches can now be obtained from the National Land and Property Information Service (NLIS). The following list is non-exhaustive.
This is a search of the Coal Authority’s mining records and will reveal whether the property is at risk of mining related subsidence. It should be carried out if the property is in a coal mining area (such as Yorkshire, Tyneside, Nottinghamshire, parts of the Midlands and Wales). A list of affected areas is available on the Coal Authority website.
The results will reveal:
in relation to underground mining, whether the property is in an area that is likely:
to have been affected by past mining operations, when the mines were last worked and whether ground movement caused by the mining should now have stabilised
to be affected by current mining operations. A positive response must be reported to the insurer and the lender due to risk of subsidence
to be affected by future mining operations
whether there are any old shafts or adits within 20m of the property. If an entry
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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