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Ransom strip causes headaches for property developers in Essex, amid 5 years of legal wrangling. Image source: Daily Mail | Copyright Cascade News

Q&A: Why does your client need a Highways Search?

The simple answer is that highways can be really complicated. There are lots of potential pitfalls out there to trip people up. For starters, there is the General Boundary Rule, and then the Council of Mortgage Lenders Handbook (CML) have expectations that, in addition to ‘usual and necessary searches’, the ‘boundary must be clearly defined.’ It doesn’t stop there, but these two do present solicitors with complications that need to be resolved.

Q&A: What if I don't order one - what are the risks to my client?

Put simply, imagine that you have bought a property but you can't access it or have to pay extra to buy another piece of land in order to access it. Far from ideal for many reasons.

We’ve all probably heard about homeowners who cannot access their home because of a ransom strip and the lengthy problems that they can cause, but imagine just how catastrophic this could be for a developer or for a commercial transaction.

Q&A: Are there any cases in which a Highways search would have been useful?

There are a few well-known cases which relate to highways, and the most famous or often cited cases are:

1. Stokes and Cambridge (1961) which established the value of ransom strips at 1/3 of the value they create; and

2. Gooden vs Northamptonshire CC (2001) where a developer had to redesign the layout of the estate as access to a certain road was denied.

There are plenty of others, but I will leave it there. 

Q&A: Does the Highways search do anything else?

Aside from answering the questions, it also gives you certainty about access, or time to resolve any issues that may be highlighted. For these reasons, it is always best to conduct the search at the start of the transaction when all the other searches are ordered.

For example, you might need to get defective title insurance or negotiate a right of way with the person who owns the land between your plot and the highway, and all of this can take time, so it makes sense to give yourself as much time as possible to do this.

Q&A: Who provides highways searches?

As with the majority of searches on tmconvey and tmconnect, there are a variety of products to choose from, so here is a quick summary of the highways searches currently available:

• Local Authority highways enquiry (HighwaysLA)

The ‘Local Authority highways enquiry’ raises the following questions. Please note, the search result will depend on the information provided by the relevant Local Authority.

1. Can you confirm that the Property immediately abuts onto a publicly maintainable highway and there is no intervening land between the Property and the public highway (if there is, is it within the Property's ownership and what is its status?)

2. Are there any road improvements or widening schemes in the area or any road closure orders affecting roads around the property.

3. Can you confirm that there are no public footpaths on or over the property?

4. Is there any information available regarding any future improvements or developments which may affect traffic flow around the land in question?

• Local Authority Highways Lite (HighwaysRA)

A less comprehensive alternative to the ‘Local Authority highways enquiry’, only 2 questions are raised in the ‘Local Authority Highways Lite’ search. Please note, the search result will depend on the information provided by the relevant Local Authority.

1. A copy of your highway records showing which roads are maintained at public expense and which are not?

2. A copy of your plan showing the extent of the highways and adopted roads in relation to the property and the plan submitted to you?

• Highway search standard with opinion Commercial (PVHwayOC) 

This search asks the same questions as ‘Local Authority highways enquiry’ – as seen above. In addition, with a green, amber, red professional opinion based on the local authority responses in proximity to the property, so potential issues can be quickly identified within the report.

• Highway search standard with opinion Residential (PVHwayOR)

This search asks the same questions as ‘Local Authority highways enquiry’ – as seen above. In addition, with a green, amber, red professional opinion based on the local authority responses in proximity to the property, so potential issues can be quickly identified within the report.

• Argyll Site Solutions Highways Report

Designed for residential and commercial conveyancing transactions – up to 15 hectares – the Argyll Site Solutions Highways Report provides information relating to:

• Road Adoption Status

• Footpath Adoption Status

• Verge Adoption Status

• Traffic Schemes & Orders

• Scheduled Roadworks

• Existing Rights of Way

• Proposed or Amended

• Rights of Way

You can see a sample report here and read more about the report here.

Q&A: How can I order a highways report?

All of the above-mentioned searches are available to order on tmconvey and tmconnect. 

In the first instance, you can also take a quick look on tm’s mapping data layers to flag any potential issues while waiting for the results to be returned, which can better help manage client expectations in advance, as Penelope Meadows, Solicitor, LSC Finance Ltd comments (November 2020):

“tm’s data layers are amazing! Whilst we appreciate that a full highways search is always advisable, being able to check the highways layer and see at first glance whether there may be any issues in this regard allows you to manage your clients expectations at a much earlier stage of the transaction.”

For more information please get in touch with your Client Relationship Manager or our Client Services team on 0800 840 5571 or email helpdesk@tmgroup.co.uk

tmgroup are furthering their growth and innovation strategy with the appointment of their new Chief Commercial Officer

tmgroup are delighted to announce the appointment of Petter Lautin, who has joined the company as Chief Commercial Officer.

Petter brings over 10 years of senior leadership experience to the role. He will be working alongside the Senior Management Team as the company continues to flourish, following a number of first-to-market innovations in 2016.  

With a strong background in commercial sales, marketing and building strategic alliances, Petter is primed to “hit the ground running” in the Swindon-based role.

Petter also has a proven history of successful internet security, threat intelligence, cloud and software as a service (SaaS) based delivery; and has previously held roles with large industry influencers like Apple and Symantec.

This advanced skillset and breadth of experience will enable Petter to fully support tmgroup in their commitment to innovation, especially in regards to tackling the immediate threats of fraud and transaction security.

Commenting on his new role,Petter Lautin said:

"I'm really happy to be joining such a vibrant and innovative firm who are at an exciting point in their development. tmgroup’s ethos of making time for their customers through developing smart technology is an attractive prospect for me to be involved with, as we continue to develop our proposition and build on our success.”

Speaking about Petter’s appointment, tmgroup Managing Director Paul Albone said:

“I'm really pleased to welcome Petter to tmgroup at such an interesting time in our growth as a business. It is a testament to our ambition that we have been able to attract such talent. His breadth of relevant experience in a number of key areas will be of significant value to our clients and a great asset to us as we continue to grow.”

About tmgroup

tmgroup have a vision to streamline the property transaction for the benefit of all. They achieve this through innovation and experience, by employing great people and by listening to their customers.

That's why they promise: We make time for you.

For more information about tmgroup, visit their website or follow them on Twitter @TM_Property

Conveyancers are busy people, often handling hundreds of cases across any given month. With delays costing them time, money, and even clients, they don’t have time to waste when processing transactions.

Yet new research we conducted in recent weeks* has shown that some UK conveyancers are wasting precious time by visiting up to 13 web sites in order to complete a single transaction.

We found that the most commonly used web sites include Land Registry (98%) and search providers (80%), with Google Maps (66%), Insurance (51%) and NHBC (48%) also high on the list.

Slow service can damage your reputation and reduce recommendations

Clients rarely have a grasp of just how busy their appointed conveyancer is and will regularly chase them up to find out what is happening with their property transaction.

Slow responses and unnecessary delays can lead to a disappointing experience for the client, and subsequently reduce the likelihood of them recommending your services.

With just 8% of clients contacting solicitors online (according to Home Moving Trends 2015 [download report here http://web.tmgroup.co.uk/cn/an9um/homemovingtrends2015 ], recommendations and repeat business account for a staggering 92% of new business for conveyancers.

Finding ways to save time can help improve client satisfaction

In a competitive industry, this means that conveyancers need to be taking proactive steps to reduce the time it takes to process each transaction; improving client satisfaction and the chances of receiving positive recommendations.

One of the key ways conveyancers can do this is to invest in solutions which help them to save time. For example, the tmconvey system which provides 5 of the most popular web site services in one site, including tmgroup’s new integrated Map Search solution which saves conveyancers the additional visit to the Land Registry portal.

The Map Search service enables you to quickly establish via a map; the location of land or property, whether it is registered and any associated title numbers, making it quick and easy to carry out title investigation.

Users can then create the case and go on and order additional searches, insurance, and similar products, keeping everything in one place; ultimately streamlining the process for you and your colleagues.

By using services such as this, conveyancers can save valuable time and focus their efforts on providing a pro-active service to their clients, leading to happier clients and more referral business – the best type of business there is!

*The survey was conducted during June-August 2016 by leading property data provider tmgroup, asked conveyancers “How many websites do you visit during a conveyancing transaction?”

About tmconvey and Map Search

The Map Search facility is available as part of tmconvey – tmgroup’s comprehensive conveyancing platform, giving property solicitors everything they need to manage a property transaction.

Existing tmgroup customers can take advantage of the service straight away simply by logging into their account, whilst conveyancers not currently using tmconvey can sign up for a free, no-obligation trial.

To watch our latest webinar on Map Search click here http://web.tmgroup.co.uk/cn/an9um/webinar-hub

Visit http://www.tmgroup.co.uk/convey/MappingTools for more details.

HMRC has announced that CON29 searches provided by Local Authorities will include VAT from 4^th July 2016.

Will this affect the price of local searches?

It is not yet clear how prices will be affected. Some Local Authorities have indicated that they will absorb the cost of the VAT; some will take the opportunity to review their pricing altogether; some will simply add VAT to their Con29s; and others have yet to decide.

If prices do increase, then it is only the Con29 element of the local search (& any optional questions) that would be affected, as the LLC1 element of the search remains non-vatable.

What does this mean for my clients?

If prices are affected, then it would be prudent for conveyancers to inform clients of this potential increase.

Will this change the CON29 form which is provided by the Law Society?

Yes, the Law Society have made samples of the new forms available on their website. View new CON29 forms

What should I do?

We will keep you informed, giving you as much notice as possible of any price changes. Rest assured that if the prices of local searches are increased, VAT will be added at the point of order as with other searches and you need make no other change.

Further information 

Revised CON29 & CON29O forms

If you have any questions or concerns please contact your account manager or the helpdesk by calling 0844 249 9200 or emailing helpdesk@tmgroup.co.uk

The Autumn Statement was presented to the House of Commons on the 5^th December; the outlook seemed to be positive for all except the Shadow Chancellor.

Swirling, sniffing and swishing ... though it may look complicated or even snobbish, all wine-tasting is actually based on common sense. It's simply a way to pause for a moment and to pay attention to the impact of a wine on all your senses and make your own quality judgement.

The Three Step Tasting Guide:  Look; Smell; Taste.

The Bank of England recently announced that the Funding for lending Scheme (FLS), which was set up last year, has been revised so that it will no longer benefit the household lending.

This week we have been named Best Building and Property Internet Business in the IBA Awards 2013/14 in recognition of our innovative and effective conveyancing search platform.

The 20th November saw the Derby Riverside Centre taken over by key figures of the conveyancing industry, creating a buzzing atmosphere at the SLC Annual Conference 2013.