Local Land Charges
Local Land Charges contact information:
Telephone: 01653 600666 ext 271 or 310
e-mail: landcharges@ryedale.gov.uk.
The Local Land Charges (Amendment) Rules
2010
Due to changes in legislation which came into effect
on Monday, 2 August 2010 Ryedale District Council no longer
charges a £22 Personal Search fee.
To carry out a Personal Search of the Local
Land Charges Register, please call the Local Land Charges Unit at
Ryedale House: 01653 600666 ext. 271 or 310 to make an
appointment. Please note: we require at
least four working days notice.
To submit a search enquiry the request form
(please see below) should be completed and sent with a Site
Location Plan for every search submitted to the Land Charge
Department. The response to the enquiry will be sent out within 20
working days.
For further information please see:
Search Request Form (PDF, 20k).
If you have any queries about the attached document, please do
not hesitate to contact Karen Hood on 01653 600666 ext
386.
If the property or land falls within North York Moors National
Park, the planning questions can be requested at dc@northyorkmoors-npa.gov.uk
or telephone 01439 770657 or from Ryedale District Council Land
Charges, but only by a tailored report.
Highway questions should be forwarded to North Yorkshire
County Council Highways; please contact them on 01609
780780.
Useful Information about Local Land
Charges
(please follow the links to access the relevant section on the
page)
What are Local Land
Charges?.
What is a Local Land Charges
search?.
What
is the Local Land Charges Register?.
Who do we
consult in the search process?.
How many types of searches are
there?.
Who
makes the search?.
Can I submit one search
application for more than one property?.
What is an Additional
Parcel?.
What is
Common Land?.
Common Land and Village Green
Register.
Searches of the
Register.
Search
Fees.
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What are Local Land Charges?
The Register of Local Land Charges contains details of all local
land charges registered against a property. The Register
consists of matters of outstanding liability for road and other
financial charges, home improvement grants, tree preservation
orders and other notices of restriction or prohibition on a parcel
of land, either to secure the payment of a sum of money or to limit
the use of the said property. It is a statutory requirement
that all Local Authorities within England and Wales compile,
maintain and regularly update their Local Land Charges
Register.
Charges securing the payment of money that arise under the
Public Health Acts, Building Act or similar statutes, and any
financial charge acquired by a local or water authority or sewerage
undertaker. It is expressly provided that any sum recoverable
by a local authority from successive owners or occupiers of the
land in respect of which the sum is recoverable is a Local Land
Charge.
A prohibition or restriction on the use of land imposed by a
local authority or a Minster of the Crown or government department
binding on successive owners of the land is a Local Land
Charge.
Any positive obligation affecting land enforceable by a Minister
of the Crown, government department or local authority under a
covenant or agreement made after 1 August 1977 and binding on
successive owners of the land is a Local Land Charge.
Any charge or matter expressly made a local land charge by a
statutory provision.
This is a summary of the services available through the Local
Land Charges Section in the provision of property search related
information following the introduction of revised Form CON29R &
O.
What is a Local Land Charge Search?
A Local Land Charges search is required to ensure that a
purchaser of land is not caught out by the existence of obligations
or 'charges', enforceable against successive owners by local
authorities, or central government.
The word 'charge' is not defined by statute, but is used to
describe a burden imposed on land, the most important factor being
that the charge must be binding on successive owners or occupiers
of land and/or property. The charges detailed on the Local Land
Charges Register would not normally be disclosed by a perusal of
the title deeds or indeed by an inspection of the land or property
itself.
What is the Local Land Charges
Register?
The Local Land Charges Register consists of twelve
parts. The following are examples of the types of information
or 'charges' that might be found on the Local Land Charges
Register:
- Financial Charges - amounts of money that are due to the Local
Authority. Usually these amounts have been incurred as a
result of works carried out by the Council in default.
- Conservation Areas - designated by the authority as areas
containing special architectural or historic interest. As it
is desirable to preserve or enhance these areas this designation
gives additional controls over new buildings or demolition
works. The Conservation Area designation also helps to
protect trees and hedgerows. Before carrying out any works to
trees and hedgerows within a Conservation Area, contact the
Planning Office for advice.
These are the 12 parts of the Land Charges Register:
- Part 1: General financial charges
- Part 2: Specific financial charges
- Part 3: Planning Charges
- Part 4: Miscellaneous charges
- Part 5: Fenland ways maintenance charges
- Part 6: Land compensation charges
- Part 7: New towns charges
- Part 8: Civil aviation charges
- Part 9: Opencast coal charges
- Part 10: Listed buildings charges
- Part 11: Light obstruction notices
- Part 12: Drainage scheme charges
In addition to the registered items revealed on the Local Land
Charges Register a potential purchaser will also wish to be made
aware of any notices about to be served on the property that will
become binding upon any new purchaser upon completion. To
cover these important but non-registered items the questionnaire
form CON29R is available.
Who do we consult in the search
process?
Building Control
Suite 2
Coxwold House
Easingwold Business Park
Easingwold
York
YO61 3FB Telephone: 01347 822703
Development Management
Ryedale House
Malton
North Yorkshire
YO17 7HH Telephone: 01653 600666 ext
310
Environmental Health & Housing
Ryedale House
Malton
North Yorkshire
YO17 7HH Telephone: 01653 600666 ext
397
Highways
North Yorkshire County Council
County Hall
Northallerton
North Yorkshire Telephone: 01609
780780
North York Moors National Park
The Old Vicarage
Bondgate
Helmsley
York
YO62 5BP Telephone: 01439 770657
How many types of searches are
there?
There are three types of searches:
LLC1
This consists of entries in the Local Land Charges Register
only and is submitted on form LLC1. It does not provide any
of the valuable information that is supplied in response to a Full
Search. Form LLC1 is an Official request, submitted in
duplicate by a Legal Practitioner or a member of the public to the
appropriate Local Authority asking for a search of the Local Land
Charges Register to be conducted. The Local Authority is
under a statutory duty to comply with that
request.
Full Search
This type of search provides the most comprehensive
information. Most LLC1 submissions are accompanied by a
questionnaire called the CON29R (2007 Edition). The
information required to answer questions on form CON29O, come
direct from various council units. The CON29 form contains
standard questions and additional part 2 enquiries (for which
additional fees are payable). The CON29R & O forms
should be supplied in duplicate, together with 2 copies of a
plan showing the location of the target property.
Many of the questions contained on the CON29R form are
considered to be 'warning' questions. Some of the information
given may, at the end of the process, end up on the Local Land
Charges Register. However, all the information given will
assist a purchaser in deciding whether to proceed with the proposed
purchase.
It is in reply to an Official CON29R submission that proposed
road schemes within a certain distance of land or property will be
revealed. Only by submitting an official CON29R form can you
find out about any formal or informal notices affecting a specific
property. These notices could eventually lead to formal
prosecutions taking place. Only an official CON29R will
advise you of any proposed enforcement action, planning
contravention or breach of condition notices.
Much of the information given by the local authority in reply
to the CON29R form cannot be obtained from any other source.
The majority of the information is not available to a personal
searcher. As previously stated, in addition to the standard
CON29R questions there are optional enquiries that may be
asked depending on the type and location of the land or
property. An additional fee is payable per additional
enquiry. Whenever a property or parcel of land is being
purchased we strongly advise that an Official LLC1 and CON29R
be submitted to the relevant Local Authority.
Form LLC1 is an Official request, submitted in duplicate by a
Legal Practitioner or a member of the public to the appropriate
Local Authority asking for a search of the Local Land Charges
Register to be conducted. The Local Authority is under a
statutory duty to comply with that request. However, the
CON29R form is a contractual document, by accepting the fee the
Local Authority agrees to answer some or all of the questions
contained on the form. The CON29R form contains a set of
standard questions plus a series of additional questions that may
be asked if they are considered to be relevant to a
transaction. The fee for the CON29R is not statutory and is
therefore set by each individual authority.
Personal Search
Any person may make a personal search on payment of the
prescribed fee in any or all parts of the Local Land Charges
Register. In certain cases he may have to consult other
public records maintained by the authority. It must be
stressed that a personal search is only of the Local Land Charges
Register and once the register has been inspected, the personal
search has been conducted. The standard and additional parcel
fee for a personal search is statutory and regulated by the Lord
Chancellor's Office.
Although certain registers are open for public inspection, it
does not mean staff within units who hold public records
are under a legal obligation to supply supplementary or additional
advice.
Please note that a Personal Search does not provide all the
information given on a full (LLC1 and CON 29R) search.
To carry out a Personal Search of the Local Land Charges Register,
please call the Local Land Charges Unit at Ryedale House: 01653
600666 ext. 271 or 310 to make an appointment.
Please note: we require at least 4 working days
notice.
Who makes the search?
Customarily a conveyancer carries out the official search on
behalf of their client. The conveyancer would also make the
supplementary enquiries before entering into the contract to
purchase the property.
Personal Search Agents, on behalf of conveyancers, carry out
personal searches. A Personal Search is a search of the Local
Land Charges Register and other statutory registers held by the
council that are open for public inspection during office
hours. A Personal Search allows access to limited property
information and is not as comprehensive as the local authority
search. There are no standard forms required in order to
carry out a Personal Search and it is your responsibility to obtain
information relating to the property being searched from council
records. Details of the records available for inspection can
be obtained from the local land charges department.
Can I submit one search application for
more than one property?
A separate requisition for search should be made in respect of
each parcel of land in respect of which a search is
required. Except where, for the purpose of a single
transaction, a certificate is required in respect of two or more
parcels of land that have a common boundary or are separated only
by a road, railway, river, stream or canal. In which
case all the property addresses can by included in the one
transaction. The fee is then calculated at a standard search
fee for the first property and a reduction called the additional
parcel fee for the second property and so on.
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What is an Additional Parcel?
An additional parcel means land (including a building or part of
a building), which is separately occupied or separately rated or,
if not occupied or rated, is in separate ownership. For
the purpose of this definition an owner is the person who (in his
own right or as trustee for any other person) is entitled to
receive the rack rent of land. Or, where the land is not
let at a rack rent, would be so entitled if it were so let.
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What is Common Land?
Common land is land, usually in private ownership that has
Rights of Common over it. The main features of common land
are that it is generally open, unfenced and remote - particularly
in the upland areas of England and Wales. However, there are
some lowland areas of common, particularly in the Southeast of
England, that are important for recreational uses. Currently,
the general public has no rights to go onto common land unless the
land is an urban common, or is crossed by public rights of way (and
they follow the line of the right of way). However, the
government's proposals (in the Countryside and Rights of Way Act,
2000) to permit public access to open countryside in the future
will also include access to common land. Rights of
common can include:
- Grazing sheep or cattle (herbage)
- Taking peat or turf (turbary)
- Taking wood, gorse or furze (estovers)
- Taking of fish (piscary)
- Eating of acorns or beechmast by pigs (pannage)
The people who are able to exercise the rights listed above
are generally known as 'commoners'. Common land and rights
are a very ancient institution - even older than Parliament
itself. They are part of the fabric of life in England and
Wales and have their origins in the manorial system.
The one and a half million acres of common land in England and
Wales are the most underrated and misunderstood - though not
unappreciated - part of the countryside. This may be in part
a matter of semantics. Nine of out ten people if asked who
owns common land will reply the Queen, no one or everyone. As
for the great majority of commons they would be wrong. All
common land has an owner. The ambiguous term 'common' refers
to the rights held in common by certain people to use the product
of the soil of the common, by grazing, cutting turf and so
on. Yet commons may be said to belong to the people
as commoners have an economic interest in the land. They
have probably always used commons like village greens, for their
festivals and holiday activities, a use which has gradually
extended to the wider public and is today of considerable
importance.
Common Land and Village Green
Register
Under the Commons Registration Act, 1965, the North Yorkshire
County Council is a Registration Authority and holds the Register
of Common Land and Village Greens for the district of
Ryedale.
The register is a statutory document and can be inspected by
anyone by appointment and free of charge. The register shows
all land and property registered as common land or village green
land in the Ryedale area.
Each area of common land or town or village green is listed in
the register under a unique 'Unit Number'. Each unit number
in the register is divided in three sections showing details
of:
- Land - This includes a description of the land, who registered
it and when the registration became finally registered. There are
also related plans, which show the boundaries of the land.
- Rights - This includes a description of the rights of common
(i.e. the right to graze 100 sheep), over which area of the common
they are exercisable, the name of the person (the 'commoner') who
holds those rights, and whether the rights arise by virtue of a
separate land ownership by the commoner (i.e. they 'attach' to
land).
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Searches of the Register
Normally, a search is carried out when a property is being
bought or sold. Common Land Searches should be submitted on
form Con29 (O) as optional enquiry no. 22.
This information is not held or maintained by this
Authority.
There is a statutory fee of £17.00 for this service.
The Council provides a land charge search service and
maintains the Local Land Charges Register.
For further information please contact Local Land Charges on 01653
600666 ext 271 or 310 or e-mail
landcharges@ryedale.gov.uk.
Search Fees
The Local Land Charge Search
fees which come into effect on 1 April 2011.
|
Outside the National Park
|
£
|
|
LLC1 – Official Search in the Register
|
22.00
|
|
Standard Search (Residential)(Forms LLC1 &
Con29(R) received manually by DX/Post/Hand
|
82.70
|
|
Standard Search (Residential)(Forms LLC1 &
Con29(R) received electronically via the National Land Information
Service (NLIS) hub
|
76.30
|
|
Con29(R) (Residential) Enquiries received
manually by DX/Post/Hand
|
60.70
|
|
Con29(R) (Residential) Enquiries received
electronically via the National Land Information Service (NLIS)
hub
|
54.30
|
|
Standard Search (Non Residential)(Forms LLC1
& Con29(R) received manually by DX/Post/Hand
|
132.70
|
|
Standard Search (Non Residential)(Forms LLC1
& Con29(R) received electronically via the National Land
Information Service (NLIS) hub
|
126.30
|
|
Con29(R) (Non Residential) Enquiries received
manually by DX/Post/Hand
|
110.70
|
|
Con29(R) (Non Residential) Enquiries received
electronically via the National Land Information Service (NLIS)
hub
|
104.30
|
|
Con 29(O) “Optional” Enquiries (per
enquiry)
|
17.00
|
|
Each additional parcel
|
15.00
|
|
Inside the National Park
|
|
|
LLC1 – Official Search in the Register
|
22.00
|
|
Standard Search (Residential)(Forms LLC1
& Con29(R) received manually by DX/Post/Hand
|
98.00
|
|
Standard Search (Residential)(Forms LLC1 &
Con29(R) received electronically via the National Land Information
Service (NLIS) hub
|
91.60
|
|
Con29(R) (Residential)Enquiries received
manually by DX/Post/Hand
|
76.00
|
|
Con29(R) (Residential)Enquiries received
electronically via the National Land Information Service (NLIS)
hub
|
69.60
|
|
Standard Search (Non Residential)(Forms LLC1
& Con29(R) received manually by DX/Post/Hand
|
148.00
|
|
Standard Search (Non Residential)(Forms LLC1
& Con29(R) received electronically via the National Land
Information Service (NLIS) hub
|
141.60
|
|
Con29(R) (Non Residential)Enquiries received
manually by DX/Post/Hand
|
126.00
|
|
Con29(R) (Non Residential)Enquiries received
electronically via the National Land Information Service (NLIS)
hub
|
119.60
|
|
Con 29(O) “Optional” Enquiries (per
enquiry)
|
17.00
|
|
Each additional parcel
|
15.00
|
|
Any other additional enquiry (excluding
highways)
|
17.00
|
|
Any other additional enquiry (including
National Park planning)
|
17.00
|
|
Cancellation of a search
|
35.70
|
|
Supplying copy searches
|
15.00
|
|
Supplying copy agreements
|
15.00
|
|
Supplying copy planning decisions (per
decision)
|
5.00
|