Main heading

What is a commons registration search? | Fees | Procedure | Turnaround Times | Who to contact | Other types of searches

What is a commons registration search?

Often referred to as a common land search, the commons registration search shows whether a piece of land or property is registered as common in the Official Registers kept by the Council (as required by the Commons Act 2006). If it is so registered, the search result will also show whether the land is subject to rights of common, claimed ownership registration and registration under the Land Registration Acts.

Changes to search procedure

Since the 1^st October 2007 CR21 form is no longer used most searches will be via Question 22 on the CON29O Optional enquiries form as part of a land search. This is the link to the district/borough councils in Cheshire, who carry out local searches.

If you have no need of a local search, and it is only the common land search required, a letter (or a copy of the CON29O Optional enquiries form, available separately from the rest of the Local search forms please tick question 22 on the form) with the address and 2 clear maps of the area to be searched, along with the £16.00 fee will provide you with an official positive or negative search reply. Copies of register entries and maps will incur such reasonable fees as we the registration authority may fix, please contact us for details of this and any other commons search enquiries.

Fees

Official search £16.00

Further charge in respect of each additional parcel of land included in the requisition £1.00 (subject to a £20 maximum)

For a certified copy of an entry in a register, we will advise you of an appropriate fee.
Procedure

Electronic Submissions

The Council can now accept commons registration searches electronically via the online National Land Information Service (NLIS) hub. These are submitted via an NLIS subscribed solicitor or search company.

The hub enables all searches to be carried out via the Internet, and includes faster and more accurate property identification through the National Land and Property Gazetteer (NLPG), a definitive index of land and property. Online access to large scale Ordnance Survey(OS) digital mapping is also provided, along with the ability to define the property boundary on the map, which can then be submitted with search requests where required. The conveyancer is able to retrieve ownership information from the HM Land Registry (HMLR), and local land charges information from all local authorities as well as searching for other information such as mining information from the Coal Authority - all relating specifically to the property identified.

Further details can be found on the National Land Information Service (NLIS) hub website.

Paper Submissions

To enable the Records Management Service to process your request as efficiently as possible please ensure that:

• The land/property you wish to search on is within the boundary of Cheshire, if you are not sure, please see The Changing Shape of Cheshire.
• Requests are submitted through a search made through a local search enquiry using the CON290 part 2 question 22 form or, If you have no need of a local search, and it is only the common land search required, a letter (or a copy of the CON29O Optional enquiries form, available separately from the rest of the Local search forms, please tick question 22 on the form) with the address and 2 clear maps of the area to be searched, along with the £16.00 fee, will provide you with an official positive or negative search reply.
• Two copies of the plan to which your search relates are attached.
• The plan is clearly marked showing the property outline together with sufficient detail to identify its location (e.g. adjoining road names and/or numbers, local landmarks, etc.)
• A six figure Ordnance Survey reference has been provided.
• Your full address can be clearly seen on the letter
• The correct fee has been enclosed.
• Cheques have been made payable to Cheshire County Council.

Turnaround Times and Processing of Searches

It is our policy to turnaround all searches within the statutory 10 working days from acceptance of the CR21 form.
On average, our turnaround time is 2 days from receipt.

Who to contact if you have a query

General enquiries:

If you have a general query or wish to check on the process of your commons registration search please contact us by any of the mediums below.

By Post:
Records Management
Room 42
County Hall
Chester CH1 1SF

DX 717531 Chester 15

By Phone:
(01244) 972357

By Fax:
(01244) 973892

By Email:
recman@cheshire.gov.uk

Feedback

If you wish to contact us with any feedback or complaints about the Commons Registration Search service provided, or any comments on the information supplied on this web page, please contact Gareth Symons using the above contact details and he will be happy to deal with the matter.

Other types of Searches

There are many other searches wish you may wish to conduct, some of which will not be conducted by the Council, further details can be found below.

• Local Search
• Brine Searches
• Title Search

Local Search

A local land search sometimes referred to as a local search/local authority search checks the Local Land Charge Register for any legal obligations enforceable against the property by the local authority such as financial charges or any planning and highway issues.

Local Land Searches are usually requested on two forms:

LLC1 - the Official Certificate of Search and
Con29 - Enquiries of Local Authorities
Local Land Charge Searches will be dealt with by your district council:

• Chester City Council
• Congleton Borough Council
• Crewe and Nantwich Borough Council
• Ellesmere Port and Neston Borough Council
• Macclesfield Borough Council
• Vale Royal Borough Council

View a map of our District Councils

Brine Search

A brine search is necessary for anyone who is looking to purchase a property in an area affected by previous or current brine extraction (including parts of Cheshire), to carry out a search to discover whether the property is likely to be affected by subsidence.

Compensation for which may be available under the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952 as amended.
Areas where a search should be obtained are shown below:

• Alsager
• Bucklow
• Crewe
• Congleton
• Knutsford
• Lymm
• Macclesfield
• Nantwich
• Northwich
• Runcorn
• Sandbach
• Winsford

Making a Brine Search Enquiry

As of 1st July 2006 responsibility for providing this information and dealing with brine search enquiries will pass to the Coal Authority.

All requests for brine searches are to be made by post, with fee of £28.20 (inclusive of VAT) for a standard search and £67.20 (inclusive of VAT) for an expedited search (same or next working day return) to the following address:

The Coal Authority
Brine Searches
200 Lichfield Lane
Mansfield
Nottinghamshire
NG18 4RG

DX 716176 Mansfield 5

Please make cheques payable to The Coal Authority.

Brine Searches may also be ordered by telephone, providing payment is made by credit or debit card by contacting The Coal Authority's Customer Service Team on 0845 762 6848.

Making a claim for brine subsidence

For information if you think a property has been affected by brine subsidence and how to go about claiming you will need to contact the Cheshire Brine Subsidence Compensation Board.

Planning Applications and Building Regulations relating to the Brine Consultation Area or Yellow Area should also be forwarded to the Cheshire Brine Subsidence Compensation Board.

Contact details:	Cheshire Brine Subsidence Compensation Board Sir Henry Doulton House Forge Lane Etruria Stoke on Trent ST1 5BD
Telephone:	0845 002 0562
Web Address:	www.cheshirebrine.com
Email:	info@cheshirebrine.com

Title Search

A Title Search including any matters relating to property boundaries or for information in respect of ownership, private covenants or restrictions on land, would be carried out by HM Land Registry. The local office for areas in Cheshire is Birkenhead.

Telephone: 0151 472 6666
Web address: www.landreg.gov.uk.