Freehold Registered Land Notes

LPC Law Notes > Property Law and Practice Notes

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

The following is a more accessble 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:

Core Module: PLP

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?

2. Address professional conduct issues [see chart]

*
Checks for ID - to avoid money laundering and mortgage fraud. Make checks keep records.

*
Acting for buyer and lender / seller and buyer etc - conflicts of interest

3. Next steps:

SELLER

*

*

*
(a) (b) (c) (d)

BUYER

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: The draft contract - showing what land the seller is selling and on what terms he is prepared to sell it Evidence of Seller's legal title of property
- to prove he owns it Results of pre-contract searches which the seller has made and other info about the property 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

Other:

*

1 Obtain estate agent particulars

Core Module: PLP

*

*

Contact details of buyer's solicitor Preliminary deposits?

4. After initial meeting

*
Client care letter & letter to client confirming instructions

*
Contact all other parties involved in transaction - seller solicitor, estate agents, le 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 muc 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]

2. Local Authority Enquiries (specific / practical questions) a) CON 29R (Regular) - enquiries relevant to every transaction b) 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?

2 *

*

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?

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

More Property Law And Practice Samples