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The Spa Notes

LPC Law Notes > Advanced Property Law and Practice Notes

This is an extract of our The Spa document, which we sell as part of our Advanced Property Law and Practice Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Complex Registered Title & Issues ANALYSING A SCENARIO

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Read through facts and look at map to identify possible issues Possible issues:

Man made

Facts/Issue

Why might it be a problem?

Solution

Current use of land e.g. works factory

Environmental contamination - Buyer may be liable for clean up costs - see Contamination of Land notes

Electric Lines (straight dashed line on map) - also see entry on Property Register below

Restrict where you can build/to what height

Residential area

Residents may be affected by building work noise (nuisance) Restrict times that building work can be done How are private roads maintained?
Adoption?

Environmental Survey CON290 CON 29R Enquires of Seller - Commercial Property Standard Enquiries (CPSE) Change layout of site/location of tall buildings Apply to have lines removed/go underground (expensive) Pay for owner to release benefit of right Enquires of Seller (CPSE) Consult with residents

Local roads

Possible coal mining Old Building/ Home/House

Risk of subsidence Listed?

Footpath (dotted line on map)

Rights of way for ramblers May agitate ramblers/ if try to move it

Stream/River
- also see entry on Property Register below

Risk of flooding?
Who pays for maintenance of banks?
Where is stream (may not be obvious from map)?

Marsh lands

Flooding

Historic uses

Factory/Agricultural land etc.

Environmental contamination - Buyer may be liable for clean up costs - Contamination of Land notes

Transport Links

Main roads

All roads/public highways maintainable at public expense?
Who maintains railway banks?
Environmental contamination?
Access by maintenance people - how will they get there? Will it affect site plan?
Will compulsory purchase orders affect land?

Natural features

Railway

Planned transport developments e.g. new tram system

CON29R Enquires of Seller (CPSE) Clause in contract and s38 agreement if needed Coal mining search CON29R Local Land Charges Search (LLC1) Speak to English Heritage Consult Move right of way around property Apply to LR to get plan for location of stream Canals: enquiries with British Waterways Flooding search Riverbanks: enquiries with Environment Agency to check on responsibility for maintenance. Take account in site plan e.g. car parks not offices on likely flooding areas Take account in site plan e.g. car parks not offices on likely flooding areas Environmental Survey CON290 CON 29R Enquires of Seller (CPSE) CON 29 Enquires of Seller (CPSE)

Local Land Charges Search (LLC1)

INVESTIGATING TITLE STEP 1: Check date of issue of the official copy - is it recent enough?
STEP 2: Check the names and addresses against sale contract. STEP 3: Check PROPERTY REGISTER

* Does the description of the property (including the title number) in Property Register, Plan and in Contract match?

* Is the land Freehold/Leasehold as expected?

* Check entries on PROPERTY REGISTER - do easements match client's needs?

Entry

What it will look like

Why problem/
practical significance?

Action to take

Right to divert stream Right to construct ditch Indemnity for flood damage

"The Vendor so far as he lawfully can but not further or otherwise covenants and agrees that the Secretary of State may divert and turn the stream the present situation of which is shown on the said plan between the points marked "A" and "B" to a course marked "C" and "D" so that the stream may flow along....etc etc"

May have to maintain the stream?
Risk of flooding?
Who pays for maintenance of banks?
Where is stream (may not be obvious from map)?
Where is the ditch?

No right to easement of air/light etc

"Purchaser shall not become entitled to...any easement or right to air which would interfere or restrict free use of adjoining property"

Would interfere with the Buyer's use and enjoyment of property in the future. Light is an issue for offices

Easement of drainage with corresponding burden

"Together with the right for the purchaser to drain water and soil from the property subject to the payment of..."

Use of drains comes with a cost to maintenance Timescales

Apply to court if don't want right Apply to LR to get plan for location of stream Canals: enquiries with British Waterways Flooding search Riverbanks: enquiries with Environment Agency to check on responsibility for maintenance. Take account in site plan e.g. car parks not offices on likely flooding areas Place buildings that don't need light e.g. warehouses in that area Ask person with benefit if they have any plans to build CON29R Need to find out from seller whether drainage grantage is adequate Ask Seller if there have been any problems/disputes with drainage plans Could just build new set of drains and be self sufficient. Might not want old drainage system

STEP 4: Check PROPRIETORSHIP REGISTER Entries to look out for:

* Tenants in common

* Indemnity covenant

* Caution

* Restriction on disposition

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