Searches are an important enquiry before purchasing property

Property searches are enquiries made by your solicitor to find out more information about the property you intend to purchase. The information obtained in searches may not have been disclosed to you in the contract or by the seller when you were inspecting the property.

Many people do not realise that when you purchase a property, any debt or negative interest in the property can be transferred to you once settlement has occurred. It is our job to protect you by undertaking the relevant enquiries and ensuring the proper adjustments are made at settlement.

Our initial searches will confirm whether or not the seller does indeed own the property and has the right to sell the property to you. They will also reveal information about any encumbrances on the title that may not have been disclosed to you. For instance, a registered mortgage that must be removed from the title prior to settlement, or an easement which grants a council or utility company the right to use part of your property for their own benefit which will in turn restrict your ability to use that area as you see fit.

If you are purchasing a property in a new estate, it is likely that there are covenants over the property which can affect the design and style of your house which may need to be considered and factored into your finance application.

There are other searches that can be done to determine if there are any fencing or noise disputes with neighbours, and searches that can ensure that all the buildings on the property (ie carport, sheds, pool, granny flats) are approved by the local council and constructed in accordance with building codes and regulations.

Some searches are essential for settlement (for instance, rates and water searches) and you will be unable to effect settlement unless they are made. Rates and water levies must be apportioned at settlement between the buyer and the seller and you can only know what is outstanding by conducting an up-to-date search. If there is any debt owing to an authority (which can be quite common), these amounts will be adjusted at settlement to ensure you do not inherit the debt with the property.

With more than 50 property searches available to you, it can sometimes be difficult to decide which searches are relevant and which ones you might want to leave out.

To make the conveyancing process as simple as possible, we offer a standard search package which includes the most common conveyancing searches carried out in the South East Queensland region.

We strongly recommend that you talk to our conveyancing team to decide what searches will be best on your property purchase. We offer personalised service and expert advice for your property purchase. Our conveyancing team know the local area and can assist you with what searches will be best for you.

Millwater Tyrrell Law offer a free initial discussion about your sale or purchase with our expert Ipswich conveyancing team. Do not hesitate to give us a call to find out more about property searches or any other conveyancing need.