This website uses cookies to ensure you get the best experience on our website. Learn more

LPC Law Notes Property Law and Practice Notes

Initial Steps In A Property Transaction Notes

Updated Initial Steps In A Property Transaction 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:

Deducing Title

  • Title is deduced by the seller’s solicitor. He does this by collating the title documents, reading them, and ensure the seller owns the property and is entitled to sell it.

  • He then sends to the buyer’s solicitor.

Investigating Title

  • Caveat Emptorlet the buyer beware – the seller has a limited duty of disclosure, so the buyer must investigate and deduce title to ensure the property is suitable.

    • Therefore, the buyer’s solicitor must carry out investigations to identify the extent of the property, the rights benefiting the property, the extent of 3rd party rights, whether the seller has good title and ensuring the property can be used for the intended purpose.

  1. To fully investigate title, the buyer’s solicitor must check the official copies of register, the title plan and any other documents referred to in the register

  2. He must also check for any unregistered 3rd party interests by carrying out pre-contract searches and enquiries.

1) The Official Copies

FIRST CHECK: look at the top box on the OC containing the date and time of issue.

a) The Property Register

Describes the property and any rights benefiting it.

  • Does the plan satisfy client expectations? Is it what the client thought it would be?

Outlines any easements BENEFITING the property:

  • Rights of Way: get a copy of the deed for right of way from seller or LR.

    • Adequacy: are there any limits (i.e. vehicular or foot only, time limits, physical condition). Does it satisfy the client’s needs?

    • Maintenance: always mention and suggest you ask seller how much he has been paying.

    • Adoption: always bring up - this could have long-term benefits as council maintains, but short-term expense as it can be very expensive to bring the road to standard. Check CON29R for LA intention and the enquire as to the cost implications.

  • Drainage: is this adequate for the client?

  • Rights required: usually to join the highway/road or to access the property – check the title plan. If a right is needed, give practical advice on how to obtain rights (i.e. discover who owns the land and see if you can get a deed of easement).

b) The Proprietorship Register

Specifies the class of title and identifies the owner. It will also note any indemnity covenant given by the proprietor and any restrictions on disposal.

  • Class of Title: always check – should be title absolute (shows proprietor is true owner of the property and can dispose freely). Title Qualified is where the proprietor’s ownership can be established for a limited period, or is subject to reservations (e.g. certain documents missing).

    • ss.9-10 LRA 2002 establishes class of title.

  • Names of Proprietors: do they match? (if company check CH). When did they buy? (if recent, ML concerns and also means you may need to get replies from previous owner as current proprietor’s replies a little pointless).

    • Co-ownership: if the property has more than 1 owner check if:

      • Joint Tenants: when one dies, the deceased’s interest passes to survivor. The survivor can then sell the property himself. Evidence of a death certificate required by LR.

      • Tenants in Common: when one dies the legal estate passes to survivor but the beneficial interest passes to deceased’s will. Therefore, the deceased’s interest must be overreached by an appointment of a second trustee. This requires a deed of appointment and a death certificate to the LR.

    • Personal representatives: responsible for administering the estate of a deed individual. Buyer needs to see a Grant of Representation.

    • Mortgagee selling property: entitled to via s.101 LPA which gives power to every lender whose mortgage is made by deed (s.85 all legal mortgages made by deed). The power arises on the legal date of redemption (six months after date of mortgage deed) and becomes exercisable under s.103 LPA. Check power is exercisable.

  • Indemnity Covenants: relevant to positive covenants in the Charges Register (seller may have given one when they bought the property).

c) Charges Register

Contains and charges or matters affecting the land. s.29(2) LRA outlines what will bind a buyer of reg. freehold land.

  • Mortgages: must be discharged on completion. Get undertaking from seller’s solicitor – ensure form DS1 received as proof post-completion.

  • Restrictive covenants – these run with the land.

    • Check: for past or current breaches by the seller and future breaches by the buyer.

    • Remedies for breach: this is based on the age of the covenant:

      • Old (over 50yrs): restrictive covenant insurance to cover the breach. It should be arranged without contacting PWB (person with benefit). Note: if recommending insurance comply with FSMA.

      • New: ask the PWB for consent/release/medication of the covenant. If you cannot contact PWB, get insurance.

      • Restrictive covenants – apply to the Lands Tribunal under s.84 LPA for waiver/discharge of the RC. This cannot be used for positive covenants and can be a timely process.

  • Positive covenants – these do not run with the land.

    • Check for an INDEMNITY COVENANT in the proprietorship register = binding

    • SCS 4.6.4/SCPC 6.6.4 – require that a buyer gives an indemnity covenant in the purchase deed.

    • Remedies: attempt to require the seller to remedy the breach or ask for a reduction in price. If breach not remediable then look into insurance or contacting the PWB.

  • Unregistered interests overriding registered dispositions – check by carrying out a physical inspection of the property and raising enquiries with the seller.

    • Schedule 3 LRA lists the unregistered interests which override a sale of registered land.

      • Easements burdening the property: advise client as to nature and extent of the easement.

    • s.62 LPA ensures the buyer takes the property together will such rights, but it must be added to the register.

2) Searches and Enquiries

Check the title plan and information known about the property. Know what each search reveals and explain why you would do it.

Searches ALWAYS carried out

  • Inspection/survey of...

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