Core Module: PLP

Sale of part & sale of new plots

1. Sale of Part Establishing the plot to be sold:

*

*

Important to provide a new, accurate description of the property that is being sold. Describe the land in the "particulars of sale". Set out the extent of land being sold and the extent of land being retained.

*
Terminology: Retained land: define verbally in the contract and marked clearly on plan. SCPC does not provide adequate definition of retained land.

*

*

*

*

*

Go to land - have a scaled map / plan drawn up. Buyer and seller should sign and agree boundaries. Plan: Clear and to metric scale TP1 Written description: "To the north of [insert address] - more particularly shown edged red on plan Plan prevails over written description

Plot on building estate:

*
Land is registered

*
Seller can deposit a "site plan" at the Land Registry and the official copies which are issue will give a certificate in Form C1 in lieu of the title plan [i.e. this is what buyer gets]

*
C1 states that the plot lies within the boundaries of the site plan deposited at the registry bu does NOT specifically identify the plot.

*
It will also highlight if any of the matters in the Charges Register [easements / covenants]
affect that particular plot.

Easements Creating Easements

*

*

1 2 3 1

Can be express of implied!

IMPLIED easements granted in favor of the buyer [gives him certain rights over the land retained by the seller for the benefit of the part being sold]. These can include: a) Easements of necessity b) Intended Easements c) Rule from Wheeldon v Burrown; The buyer's rights must be Continuous and apparent Necessary to the reasonable enjoyment of the property sold Actually in use at the time of the sale

Core Module: PLP

Therefore - rights that do not already exist cannot be implied through W v B. d) S.62 LPA 1925 [applies ONLY if, at the time of sale, the two tenements are in separate occupa
- i.e. there must be separate occupation already!]

*

*

*

*

Clause negating implied right: WHY: to exclude the event that buyer does not get what he thinks he will get / seller goes give away what he does not whish to give away. Exclude the implied grant rules by EXPRESS special condition in the contract. "This transfer will only operate to grant those easements expressly referred to and will not operat be construed to imply the grant of any other easements"

Therefore easements can be tailored to fit the particular case. Buyer must be careful that he getting all easements necessary to his enjoyment of the land.

Common easements Granted to buyer: i) Use and enjoyment of plot ii) Rights of way to gain access to the property [ensure this is for all times, for all purposes, an allows access both on foot and by motor vehicles]
iii) A right for services to reach the property [drains, water, gas, electricity, telephone]
iv) A right to maintain all these v) A right to light vi) A right to support: of the land with a building on it. Also - right to get people to come in an repair any damage done to the property. vii) If rights are shared [e.g. drainage / water / driveway] - a covenant to maintain or contribute the maintenance [and make good the damage caused] may be appropriate. viii) A right to enter to effect maintenance.

*

Common easements Reserved by the seller
Nb. S.62 and WvB cannot operate for reservations]
Consider - what rights will seller need over his land / land being sold?
i) Befit of retained land ii) Similar to those rights granted to buyer

GRANTED: [seller - to buyer]
-right to law new service
-right to connect to existing services
-right of wayright of entry for inspection and repair RESERVED: [seller- from buyer]drainage rights
-right of entry and inspection to repair

2 *

Possibility of granting a FUTURE easement -e.g. drains have not yet been laid down]. Granting a future interest in land. Since 6 th April 2010 the rule against perpetuities has not applied grant of future easements.

*

Special consideration of easements of LIGHT and AIR!
Rights to light and air can be passed by either S.62 or WvB.
Could have serious ramifications for seller - his property value may go down as he cannot extend

Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.