LPC Law Notes Property Law and Practice Notes
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:
Investigation of an Unregistered Title ¿Why Investigate?
Seller’s Investigation | Buyer’s Investigation | Lender’s Investigation |
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Investigation of an Unregistered Title
Investigation of title to unregistered land comprises: P 130 |
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Deduction of title (“DT”) P 123 |
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1. Find the Root of Title P 124 “A good root of title satisfies s.44” |
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2. Prepare an Epitome (ET) of Title includes: P 125 | An ET is a chronological list of all documents dealing with ownership up to the present day. It usually (but not always) ends with the document that vested ownership to the current seller. ET includes:
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The epitome must be provided to B’s Solicitor at an early stage of the transaction. At this stage the BSol will receive photocopies and at completion the BSol’s will receive the originals in order for the Buyer to send to the Land Register to register the buyer as the new owner SCPC 6.1.3. (Does not apply if the seller is selling part (A notarised copy of the deeds will be provided instead of the original deeds)) |
After identifying the root, trawl through the documents and think of the following matters i.e.chain of ownership:
Links in the chain P 131
Is there documentary evidence of an unbroken chain of ownership up to the present seller from A to B, from B to C (e.g. transfer deeds for every transaction)? If not, it is a defective title
Check that all mortgages have been discharged (except the current one)
Stamp duties P 132
If epitome contains pre-01/12/03 documents of ownership transfer (not assents or powers), check that they’ve been stamped correctly with the stamp duty (if it’s a conveyance, also check that the Inland Revenue has stamped it, too)
If it’s not done, ensure that the seller rectifies the problem (at seller’s expense). Contractual provision Requiring the buyer to meet the costs of putting the defect right will be void (s.177 Stamp Act 1891)
Description of the land
Ensure the documents in the epitome relate to the land being sold...
Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.
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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