This is an extract of our Official Copies Analysis 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.
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OFFICIAL COPIES ANALYSIS
Reg & Entry #
What is the entry?
Why is it an issue?
How to resolve?
Conditional easement - the buyer gets a benefit - e.g. use of shared pipes, but has to pay for maintenance
We don't know what condition they are in, how much the buyer should expect to pay, what proportion they will pay and even whether the facilities are still used.
Requisition to the seller (1)
Proprietorshi p Register
This means that the seller will not have the right to sell the land without the consent of the lender. Gaining this should not be a problem but we need to do it.
Requisition to the seller (2)
We need to check who has the benefit of the covenants, if the seller has complied with the covenants and whether there have been attempts to enforce these. This is important for gaining insurance/consent from the covenanter but also to ensure that proceedings are not due.
Requisition to the seller (3)
Covenants where copies are not available
We know that a covenant exists but we don't know what it is. The buyer needs to know this to ensure that he does not breach it.
Requisition to the seller (4)
Covenant not to use property as something the seller is currently using it as (absolute)
The seller is currently in breach of it so it is possible that they have obtained such consent, that consent would be useful if the buyer also wants to use the property as this - e.g. a shop.
Requisition to the seller (5)
Covenant not to do something without written consent (qualified) -
look out for fully qualified!
Whether the seller has done these things and gained consent, as above, this could be useful if the buyer also wants to do these kinds of things to the property
- e.g. alterations.
Requisition to the seller (6)
Covenant not to do something that the buyer might want to do
(absolute) - RECENT
Depending on whether the buyer wants to do this thing, he might need to seek release or get insurance against actions for breach.
Inform the buyer (4)
Positive covenant - e.g. keep boundaries in repair
Even though positive covenants do not 'run with the land', they can be enforced through indemnity covenants, there will usually be one found in the
Proprietorship Register against the seller. The seller will most likely require the buyer to enter into this chain.
Requisition to the seller (7)
Need to ensure this is discharged.
Requisition to the seller (8)
We do not know what the unilateral notice is about and we want to get it removed before the buyer exchanges to ensure that it does not bind.
Requisition to the seller (9)
Inform buyer; advise to accept insurance (arranged
& paid for by seller) (1)
Inform the buyer (2)
Inform the buyer (3)
Inform the buyer - probably have to enter into an indemnity chain (5)
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