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LPC Law Notes Property Law and Practice Notes

Freehold Registered Land Notes

Updated Freehold Registered Land 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...

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:

Freehold Registered Land

1. Pre-exchange

Taking Instructions

  1. Obtain documentary proof of client’s identity

  • Does the individual have authority to act for the client company?

  1. Address professional conduct issues [see chart]

  • Checks for ID – to avoid money laundering and mortgage fraud. Make checks and keep records.

  • Acting for buyer and lender / seller and buyer etc – conflicts of interest

3. Next steps:

  • Obtain title deeds from seller and deduce title.

Registered land – get official copies - OC1 [SCPC 6.1.2]. Must be less than 6 months old. Seller pays.

  • Ascertain mortgage redemption figure if there is a mortgage

  • Prepare pre-contract package and send to buyer’s solicitor for approval:

  1. The draft contract – showing what land the seller is selling and on what terms he is prepared to sell it

  2. Evidence of Seller’s legal title of property – to prove he owns it

  3. Results of pre-contract searches which the seller has made and other info about the property

  4. Info on planning permission [if relevant]

Surveys [Caveat emptor]

1. Valuation by lender

2. ‘Home buyer’s valuation and survey report

3. Full structural survey: detailed commentary of structure and condition of the property. Advise according to:

  • Cost of survey; AND

  • How old is property? [e.g. over 100 years?]

  • Is it high value?

  • Is mortgage low in proportion to overall costs?

  • Is it a conventional property or unique in some way?

  • Is it a commercial transaction?

  • Does buyer intend to alter / extend property?

  • Is property attached to another property?

Arrange finance (is there a mortgagee; what is offer?)

Obtain terms of estate agent

Proposed use of property

Fees – client care letter issues


  • Obtain estate agent particulars

  • Contact details of buyer’s solicitor

  • Preliminary deposits?

  1. After initial meeting

  • Client care letter & letter to client confirming instructions

  • Contact all other parties involved in transaction – seller solicitor, estate agents, lender for your client – head correspondence with “SUBJECT TO CONTRACT”

  • Obtain estate agent’s particulars to put on file

  • Attendance note

Pre-exchange searches& enquiries [BUYER]

  • Caveat emptor = buyer beware

  • Seller has limited duty to disclose certain matters

  • Searches / enquiries to ensure that the transaction is transparent and buyer knows as much as possible about what he is buying.

  1. Local Land Charges Search + fee [LLC1]

  • Local authority will keep a Local Land Charges Register [open to public inspection]

  • Send to correct Council in which property is situated

  • Send duplicates if posting [attach plan if necessary].

  • Receive certificate and advise accordingly

  • Search reveals any entries kept by council [e.g. Tree preservation order etc]

  1. Local Authority Enquiries (specific / practical questions)

  1. CON 29R (Regular) – enquiries relevant to every transaction

  2. CON 29O (Optional) – more specialized enquiries [only some will be relevant]

  • Post in duplicated (plan attached if necessary)

  • Send to appropriate council where property is situated.

Possible issues that may arise in LLC1 and CON29R/O

Tree Preservation Order
  • Obtain more information from local authority

  • Inspect documents – how many trees? What are the specifics

  • Inspect the land itself – where is tree situated? Will it effect buyer’s plans for the property?

  • S.201 Town and Planning Act 1990 – order takes effect immediately:

If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.

Is property on a conservation area?
  • Conservation area means the character of the area will be preserved. Planning permission will be harder to obtain. More limitations on use of the land.

  • Planning permission issues?

  • Change of use issues?

  • Development plans of buyer?

  • Does it suggest anything about the value of the property? i.e. more valuable .

  • Obtain more information from originating authority.

  • Is the charge still enforceable?

  • Has planning permission been granted in past – does this suggest local authority are not adverse to all development.

Planning applications
  • Buyer does not want to be liable for any mistakes / breaches

  • Accepted or refused? [If refused – what does this suggest about future applications? More likely to be refused]

  • Is it granted subject to conditions?

  • Consider time limits / have conditions been fulfilled?

  • Does it comply with Building Regulations

Planning permission
  • What is date – is it still current because Planning permission is valid for 3 years

  • Has work been carried out? [Look to CON29 – building regulation approval and completion certificate.

  • ACTION: obtain copies and check that all the certificate / Building Reg approval documents correspond.

  • Get copy of Planning permission from seller / local authority

  • Check that work has been completed in accordance with the conditions

Building Regulations

Definition: needed for any structural changes to a property. For health and safety.

STAGE ONE: Submit full plans/ Building notice application

STAGE TWO: Building Control Officer will inspect work once completed. Issue completion certificate.

Checks to be completed by buyer’s solicitor:

  1. Has approval been granted (for stage 1)

  2. Is there a completion certificate? (stage 2)

  3. This must be obtained at seller’s expense not buyers. Demand inspection before exchange of contract.

  4. Has time expired since approval was given?

ACTION: obtain copies and check that approval and certificate relate to work referred to in the planning permission.

Maintenance of any roads
  • Who pays for upkeep? Has seller paid or will buyer be liable?

Public footpaths
  • Where is it? Problematic?

Rights of common
  • People have the right to use land – owner not able to fence it off for private use.

ACTION for the above: ALWAYS obtain further details and a plan showing...

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