Letters re roads and services in charge – follow up

The committee issued a practice note in the July 2015 eZine and in the September 2015 issue of the Gazette recommending the following:

1. If a solicitor’s certificate is being furnished regarding roads and services, it should be from the vendor’s solicitor in the current transaction, and historical letters or certificates given by vendors’ solicitors in previous transactions should no longer be accepted.
2. If a solicitor is on enquiry of a possible change in circumstances in relation to a local authority letter and is not satisfied as to the correct current position, an up-to-date local authority letter with a covering identifying map where appropriate should be obtained.

The committee wishes to make clear that it is only if condition 2 above applies that an up-to-date certificate or letter from the local authority needs to be furnished. If there is no reason to believe that the position regarding roads and services would have changed, then it is perfectly acceptable to rely on an old local authority certificate.

It is proposed to amend the requisitions on title to ask a vendor if there has been any change in circumstances since the issue of a previous certificate from the local authority.