LPC Law Notes Advanced Property Law and Practice Notes
A collection of the best LPC Advanced Property Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of APL notes available in the UK this year. This collection of notes is fully updated f...
The following is a more accessible plain text extract of the PDF sample above, taken from our Advanced Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Complex Registered Title & Issues
ANALYSING A SCENARIO
Read through facts and look at map to identify possible issues
Possible issues:
Facts/Issue | Why might it be a problem? | Solution | |
---|---|---|---|
Man made | Current use of land e.g. works factory | Environmental contamination – Buyer may be liable for clean up costs – see Contamination of Land notes | Environmental Survey CON290 CON 29R Enquires of Seller – Commercial Property Standard Enquiries (CPSE) |
Electric Lines (straight dashed line on map) – also see entry on Property Register below | Restrict where you can build/to what height | Change layout of site/location of tall buildings Apply to have lines removed/go underground (expensive) Pay for owner to release benefit of right | |
Residential area | Residents may be affected by building work noise (nuisance) Restrict times that building work can be done | Enquires of Seller (CPSE) Consult with residents | |
Local roads | How are private roads maintained? Adoption? | CON29R Enquires of Seller (CPSE) Clause in contract and s38 agreement if needed | |
Possible coal mining | Risk of subsidence | Coal mining search | |
Old Building/ Home/House | Listed? | CON29R Local Land Charges Search (LLC1) Speak to English Heritage | |
Footpath (dotted line on map) | Rights of way for ramblers May agitate ramblers/ if try to move it | Consult Move right of way around property | |
Natural features | 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)? | 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 |
Marsh lands | Flooding | Take account in site plan e.g. car parks not offices on likely flooding areas | |
Historic uses | Factory/Agricultural land etc. | Environmental contamination – Buyer may be liable for clean up costs – Contamination of Land notes | Environmental Survey CON290 CON 29R Enquires of Seller (CPSE) |
Transport Links | Main roads | All roads/public highways maintainable at public expense? | CON 29 |
Railway | Who maintains railway banks? Environmental contamination? Access by maintenance people – how will they get there? Will it affect site plan? | Enquires of Seller (CPSE) | |
Planned transport developments e.g. new tram system | Will compulsory purchase orders affect land? | 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? | 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 |
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 | 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 |
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 | 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
STEP 5: Check CHARGES REGISTER
Are the incumbrances the same ones specified in the contract?
Does the contract need to be altered?
Possible issues
Entry | What it will look like | Why problem/ practical significance? | Action to take |
---|---|---|---|
Right to maintain electric lines over property in return for promise to keep lines in good condition, indemnify for damage caused, give notice of maintenance | “The Vendor hereby grants unto the Board full right and liberty to place and maintain a double circuit overhead line for transmitting electricity…and from time to time repair…The Board hereby covenants with the Grantor as follows…” | Restrict where you can build/to what height | Change layout of site/location of tall buildings Apply to have lines removed/go underground (expensive) Pay for owner to release benefit of right |
Restrictive covenant | Various – usually contained in a schedule | Explain on facts how it has interfered with buyer’s intended plans | Options available:
|
Buy the full version of these notes or essay plans and more in our Advanced Property Law and Practice Notes.
A collection of the best LPC Advanced Property Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of APL notes available in the UK this year. This collection of notes is fully updated f...
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