Which pre-contract search would reveal whether there is a right of way over a lane?

Study for the CILEx Conveyancing Level 3 Exam. Prepare with targeted quizzes and interactive questions; each offers detailed explanations. Excel on your exam!

Multiple Choice

Which pre-contract search would reveal whether there is a right of way over a lane?

Explanation:
Detecting a right of way over land relies on evidence attached to the land’s title plan. The Index Map search is the best source here because it pulls the official plan that accompanies the title and records easements such as rights of way. A right of way is typically shown on the index map as a defined route across or alongside a parcel, making it clear whether access over a lane is reserved for others. The Commons Registration search focuses on common land or common rights, not ordinary rights of way over private lanes. A flood search checks flood risk, not access rights. The Local Authority search covers planning and other local matters; while it may reveal relevant issues, it does not directly confirm the existence of a right of way in the same definitive way as the index map.

Detecting a right of way over land relies on evidence attached to the land’s title plan. The Index Map search is the best source here because it pulls the official plan that accompanies the title and records easements such as rights of way. A right of way is typically shown on the index map as a defined route across or alongside a parcel, making it clear whether access over a lane is reserved for others. The Commons Registration search focuses on common land or common rights, not ordinary rights of way over private lanes. A flood search checks flood risk, not access rights. The Local Authority search covers planning and other local matters; while it may reveal relevant issues, it does not directly confirm the existence of a right of way in the same definitive way as the index map.

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