While applauding the caution that Mark Williams advocates regarding ‘cut-price HIPs’ (see [2009] Gazette, 18 June, 13), it is important that the old but popular myth about personal search is reviewed.
Of course, it does depend upon the quality of the personal search company that you employ. Anecdotal evidence seems to suggest that searches in some ‘cut-price HIPs’ may be less compliant than in more professionally produced counterparts.
Mr Williams is fortunate to be within the area of Wealden District Council which provides compliant searches and also obeys the regulations and guidance that took effect in April. The latter open up full access to all relevant data that will enable a personal search company to provide a product equivalent to the search provided by the local authority.
All things being equal, solicitors can now make an informed choice based on quality, service, convenience, level (and nature) of indemnity, and value for money. Authorities that have not complied with regulations will soon find themselves facing proceedings.
Moreover, it is wrong to assume that all local authority compiled searches are suitable for inclusion in HIPs; some do not comply with the current regulations and solicitors would be well advised to examine them carefully before blindly including them in their own HIPs or accepting them from HIP providers.
Neil Clayton, Head of legal services, The Property Search Group, Huddersfield
No comments yet