What are conveyancing searches?

When you are buying or remortgaging a property, your conveyancer will usually arrange searches early on. These searches help flag any legal, practical or environmental issues before you exchange contracts. They are not the same as a survey: searches look at records and information about the property, while a survey is a physical inspection arranged by the buyer.

The main types of searches

• Local land charges search: this checks whether there are any legal restrictions or charges affecting the property. Examples include tree preservation orders, smoke control orders, listed building status, conservation areas and limits on permitted development.
• CON29 enquiries: these give wider information from the local authority. They can cover planning and building regulation history, enforcement notices, nearby roads, public footpaths and whether the land has been recorded as having possible contaminative uses. Together with the local land charges search, this is often called the local search.
• Drainage and water search: this confirms whether the property is connected to public sewers and mains water. It also checks whether any public sewers, drains or water pipes are within the property boundaries, and whether the water supply is metered.
• Environmental search: this looks at past land use and potential risks, such as contamination, flooding, nearby energy projects and, in some reports, the possible future impact of climate change.

Additional searches

Every property is different, so your conveyancer may also recommend extra searches depending on where the property is. These might include chancel, mining, commons or highways searches.

Why search results matter

The results help you and your lender understand whether there is anything that could affect the property’s value, salability or intended use. If something does come up, your conveyancer will explain what it means and talk you through your options before you decide how to proceed.

Summary

In short, conveyancing searches are there to help you make an informed decision. They can reveal issues that may not be obvious from viewing the property, such as planning matters, drainage arrangements, environmental risks or legal restrictions. Your conveyancer will review the results and let you know if anything needs further investigation before you commit to the transaction.

Frequently asked questions

Do I really need conveyancing searches?

In most purchases, yes. Searches help identify issues that may not be obvious from viewing the property. If you are buying with a mortgage, your lender will usually require them.

Are searches the same as a survey?

No. Searches look at records and information about the property and surrounding area. A survey is a physical inspection of the property’s condition.

How long do searches take?

Timescales vary depending on the local authority and the type of search needed. Your conveyancer will let you know if any search is likely to take longer than usual.

What happens if a search raises an issue?

If a search reveals a possible issue, your conveyancer will explain what it means and advise you on the next steps. This may involve asking further questions, requesting documents or considering whether additional protection is needed.

Proposed changes to wills law: could it become easier to challenge a will for undue influence?

Claims that a will was made because of undue influence are notoriously difficult to prove. At present, a person challenging a will must show that the person making the Will (know as the testator) was coerced into making it: in other words, that pressure was applied which overpowered their free will rather than simply persuading them.

This is a high evidential burden. Undue influence often happens behind closed doors, and by the time a will is challenged the person who made it is no longer able to explain what happened. As a result, even suspicious circumstances may not be enough to succeed unless there is clear evidence of coercion.

What is changing?

The Law Commission has recommended reforms designed to modernise wills law in England and Wales. Its final report, Modernising Wills Law, was published in May 2025 and is accompanied by a draft Bill for a new Wills Act. If enacted, this would be a major development: the new legislation would replace the Wills Act 1837, the Victorian statute which still forms the backbone of modern wills law.

Undue influence and disputed wills

One of the proposed reforms concerns testamentary undue influence. The Law Commission recommends that the court should be able to infer that a will was made as a result of undue influence where there are reasonable grounds to suspect it. In deciding whether to draw that inference, the court could consider factors such as the conduct of the person alleged to have exerted influence, whether there was a relationship of influence between that person and the testator, and the circumstances in which the will was made.

This would not mean that every unusual will, or every disappointed beneficiary, would automatically have a claim. However, it could make it easier for genuine concerns about pressure, control or vulnerability to be properly considered by the court.

A wider reform of wills law

The proposed new Wills Act would not only address undue influence. The Law Commission’s recommendations also include changes relating to electronic wills, testamentary capacity, the minimum age for making a will, the rule that marriage or civil partnership revokes a will, and the court’s ability to recognise a person’s true intentions even where formal requirements have not been met.

For now, these are proposed reforms. The draft Bill would need to be enacted before the law changes. However, the direction of travel is clear: wills law may be moving towards a more modern framework that better protects testamentary freedom while also recognising the practical difficulty of proving undue influence.

How we can help

Disputes about wills can be emotionally difficult and legally complex.  We have a solicitor/ partner with specialist knowledge and experience in disputed wills who can advise and act for parties where there are concerns about undue influence, capacity, knowledge and approval, or the validity of a will.

If you are concerned about the circumstances in which a will was made, or if you are an executor/beneficiary defending a will that has been challenged, seeking our advice and input early can make a significant difference. Please contact us to discuss how we can help.

In a standard property transaction, the buyer is expected to pay a 10% deposit on exchange of contracts. This deposit is not just a formality—it plays a crucial role in protecting the seller and ensuring both parties are committed to the transaction.
However, in some cases, buyers may request to proceed with a reduced deposit—or no deposit at all. While this may seem like a reasonable accommodation to keep a deal moving, it can expose sellers to significant risks.
Here’s what you need to know before agreeing to proceed without the full 10% exchange deposit.
Why the 10% Deposit Matters
The exchange deposit serves two key purposes:
• Security – It provides the seller with financial protection if the buyer fails to complete
• Commitment – It demonstrates that the buyer is serious and financially prepared to proceed
Without it, the balance of risk shifts heavily in favour of the buyer.
What Happens If the Buyer Defaults?
If a buyer fails to complete after exchange, the seller is typically entitled to:
• Retain the deposit
• Potentially pursue further losses
But this protection is significantly weakened if a reduced deposit has been accepted.
The Key Risks for Sellers
1. Limited Financial Protection
If the buyer only pays a small deposit (for example, 5% or less), that is all the seller automatically holds if the buyer pulls out. This may not come close to covering:
• Loss in property value on resale
• Additional legal and agent fees
• Ongoing mortgage and holding costs
2. Difficulty Recovering the Shortfall
Although the contract may still state that 10% is payable, recovering the remaining balance from a defaulting buyer is not always straightforward. It can involve:
• Time-consuming legal action
• Additional costs
• Uncertainty of recovery, especially if the buyer lacks funds
3. Increased Risk of Buyer Withdrawal
A lower deposit can reduce the buyer’s financial commitment, making it easier for them to walk away from the transaction.
4. Chain Vulnerability
If your sale is part of a property chain, a buyer defaulting with little financial consequence can cause the entire chain to collapse—impacting multiple transactions.
Why Do Buyers Request a Reduced Deposit?
Common reasons include:
• Funds tied up in another property
• High loan-to-value mortgages
• Cash flow timing issues
While these may be understandable, they do not reduce the risk to the seller.
Can You Still Proceed Safely?
In some situations, agreeing to a reduced deposit may be necessary to keep a transaction alive—but it should never be done without fully understanding the risks.
Every transaction is different, but one principle remains constant: the exchange deposit is your primary protection as a seller.
Final Thoughts
It can be tempting to agree to a lower deposit to avoid delays or keep a buyer on board—but doing so without proper consideration can leave you exposed if things go wrong.

When most people view a property, they’re focused on the obvious things such as the kitchen, the garden, the local schools and whether or not their sofa will fit in the living room. However, it is often only during the conveyancing process that the hidden story of a property begins to emerge.

Many buyers are surprised to discover just how much investigation takes place behind the scenes before contracts are exchanged. Whilst a property may appear perfect on the surface, conveyancing searches and enquiries can reveal issues that even the seller may not have considered.

For example, a routine search might reveal that a charming country cottage is affected by a public footpath crossing part of the land. A dream family home could be situated within a conservation area, meaning future alterations may be subject to additional restrictions.
Then there are the more unusual discoveries. Conveyancers have uncovered properties built over old mine workings, homes affected by historical rights of way and gardens with mains sewers and pipes that prevent future extensions. Some buyers even discover that a section of their property is technically owned by someone else due to a flying freehold arrangement.

Parking can be a source of disappointment. A driveway that appears to belong to a property may not always be included within the legal title. Accessways, shared driveways and allocated parking spaces often require careful investigation to ensure the buyer is acquiring the rights they require.

One of the most valuable aspects of conveyancing is identifying potential issues before they become expensive problems. A buyer who identifies a problem after completion may have limited forms of redress. By contrast, issues identified during the transaction can often be resolved, renegotiated or properly insured against.

The process is not designed to create obstacles but to protect buyers from unwelcome surprises. Whilst it can sometimes feel frustrating when solicitors raise numerous enquiries, those questions are often the reason problems are identified before a buyer is committed
The conveyancing process provides reassurance. It helps ensure that buyers understand the rights the property has the benefit of and the reservations, obligations and restrictions which property is subject to.

At Adams Harrison, we believe informed buyers make confident buyers. Our conveyancing team works to uncover potential issues early, explain complex legal matters clearly and help clients move into their new homes with peace of mind.

What happens to children under 18 when you die will mainly depend on two things: whether you have named a guardian in a valid Will, and whether another parent with parental responsibility is still alive. If you have named a guardian and there is no surviving parent with parental responsibility, that guardian will usually be able to take responsibility for your children and make important decisions about their care. If both parents die without naming guardians, the court will need to decide who should be appointed. Until then, no one will automatically have parental responsibility for the children.

Parents can name guardians for their children in their Wills. A guardian is someone who is given parental responsibility for a child. In simple terms, this means they can make the kind of important decisions a parent would normally make, such as decisions about where the child lives, their education, medical treatment, and contact with other people.

What happens if I do not appoint a guardian?

If both parents die without naming guardians, only the court can appoint someone. An informal agreement with a friend or relative is not enough to give that person parental responsibility. They would only have parental responsibility if the court appoints them, makes a relevant order, or if they have already acquired parental responsibility in another legal way, for example as a step-parent.

My child has godparents will this be sufficient to ensure that they are cared for?

Godparents have no automatic legal status as guardians under English and Welsh law. Being named as a godparent does not give any legal rights or responsibilities with respect to a child if the parents die. If parents wish their chosen godparents (or anyone else) to have legal responsibility for their children after their deaths, they must formally appoint them as guardians, typically through their Wills.

If you are considering appointing guardians for your children or would like to review your existing arrangements, professional advice can help ensure your children are looked after exactly as you intend.

Book your appointment today by contacting one of our offices:

• Saffron Walden: 01799 523 441
• Haverhill: 01440 702 485
• Sawston: 01223 832 939

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