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LPC Law Notes Property Law and Practice Notes

Conveyancing Forms Notes

Updated Conveyancing Forms Notes

Property Law and Practice Notes

Property Law and Practice

Approximately 490 pages

A collection of the best LPC PLP 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 PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

FORMS

Pre-Completion
OS1

Application by Purchaser for official search with priority of the WHOLE of the land pending first registration

  • Purpose: Update knowledge of title from previous search, ensure there are no new incumbrances – search against title number

  • If taking out a Mortgage:

    • Panel 8 – must search in name of the lender if the buyer is buying with the aid of a mortgage

    • Panel 9 – check “take a registered charge”

    • * Searching in name of lender protects lender and buyer from new incumbrances

  • If cash buyer:

    • Panel 8 – buyer’s name only

    • Panel 9 – check “purchase” in first box
OS1R

Results of OS1 Search

  • Get OS1R back and have 30 working days from then to be protected from adverse registrations

  • The Buyer must:

  1. Complete

  2. Pay SDLT

  3. Apply to register

  • Priority Period [PP] acts as a ‘shield’ over the land to prevent others from registering interests over the land.

  • Although B’s solicitor can renew OS1 search, if another party had submitted an adverse registration during the PP of the previous OS1 search, this now takes priority over new search.
Adverse Matters revealed by Pre-Completion Searches

  • Post-exchange requisitions barred [SC 4.2.1/ SCPC 7.2.1]

    • BUT: S can only rely on bar if he has disclosed and acts in good faith –
      can’t be relied on if in breach

  • If a new incumbrance comes up post-exchange, bar doesn’t apply [SC 4.2.2/ SCPC 7.2.2] – S should have disclosed, so is in breach of SC 3.1/ SCPC 4.1

    • In these circumstances, B & S must follow set timetable [SC 4.3.1/ SCPC 7.3.1]
Completion
TR1

The Transfer of WHOLE of Registered Title

Panels 4 & 5

  • Transferor = seller, Transferee = buyer

  • Include Co. registered no. here if applicable

  • Do NOT include addresses here

Panel 6

  • Address to which Buyer will want docs sent in the future

Panel 8

  • Price of land only (not contents)

  • If VAT is payable, include in this figure

Panel 10

*Leave blank if sole buyer.*

If more than one buyer:

  • 1st box if JTs

  • 2nd box if TiCs – LR will automatically enter the restriction on the Proprietorship Register

  • 3rd box if:

    • TiCs in unequal shares

    • Partnership Property

    • Trustees holding for 3rd parties

Panel 11

  • Consider standard conditions/any additional special conditions on back page of Contract that need to be included here

  • E.g. personal indemnity covenant (P-i-C) from Transferee (Buyer)

    • In Contract: SC 4.6.4/SCPC 7.6.5: “If after completion, S remains bound by obligation affecting property … B to covenant in Transfer to indemnify S against liability for future breach of obligation & to observe and perform it …”

    • SC 4.6.4/SCPC 7.6.5: P-i-C implied into Contract BUT must expressly include P-i-C in Transfer

  • New Restriction (other than TiC): needing consent of lender

  • New incumbrance

  • “The Transferee covenants with the Transferor that it will observe and perform the covenants referred to in Entries [ ] of the [ ] Register of Title number [ ] as at [date] and to indemnify the Transferor against any liability for their future breach or non-observance.”

Panel 12

  • Seller(s) ALWAYS sign

  • Buyer(s) sign ONLY if:

    • B is entering into a P-i-C

    • B is applying for a restriction

    • B is entering into a new incumbrance or

    • 2+ Buyers (as will be making a decl. of trust)

  • A document must be...

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