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LPC Law Notes Property Law and Practice Notes

Official Copies Analysis Notes

Updated Official Copies Analysis 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:

OFFICIAL COPIES ANALYSIS

Where?

Reg & Entry #

What is the entry?

(paraphrase)

Why is it an issue? How to resolve?
Property Register 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)
Proprietorship Register Lender’s restriction 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)
Charges Register Covenants 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)

Inform buyer; advise to accept insurance (arranged & paid for by seller) (1)

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)

Inform the buyer (2)

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)

Inform the buyer (3)

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)

Inform the buyer – probably have to enter into an indemnity chain (5)

Mortgage Need to ensure this is discharged. Requisition to the seller (8)
Unilateral notice 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)

Requisitions to the Seller

  1. Property Register, Entry No. 2:

    • Please can you identify the land or parties who have the benefit of the exception and reservation referred to in this entry?

    • Please indicate which of the services mentioned in this entry are currently connected to the Property.

    • Please provide details of expenditure incurred by the Seller or any predecessor in title in connection with the maintenance of such services.

  2. Proprietorship Register, Entry No. 2:

  • Please provide written confirmation from Santander Bank PLC of its consent to the proposed sale, such information to be provided to the Buyer on or before exchange of contracts.

  1. Charges Register, Entries 1, 2 and 3:

  • Please can you identify the land or parties who have the benefit of the covenants referred to in these entry numbers; whether the Seller has complied with such covenants; and whether the Seller is aware of any attempts to enforce such covenants.

  1. Charges Register, Entry No. 1:

    • Please provide details of the covenants referred to in this entry.

    • If unable to provide such information, please confirm that, on or before completion, the Seller will provide, at its cost, a restrictive covenant indemnity insurance policy in respect of such covenants, in a form to be approved by the Buyer.

  2. Charges Register, Entry No. 2, covenant (a):

    • Please provide copies of any consents allowing the Property to be used as a shop.

  3. Charges Register, Entry 2, covenant (b):

  • Has the Seller has carried out any alterations to the Property in breach of this covenant?

  • If so, please provide copies of any consents required in accordance with this covenant, in particular, please provide copies of consents allowing signage to be placed on the Property.

  1. Charges Register, Entry No. 2, covenant (c):

  • Please provide details of expenditure incurred by the Seller, and/or anticipated expenditure within the next twelve months, in connection with the maintenance of the north-western and south-western boundaries of the Property?

  1. Charges Register, Entries 4 and 5:

  • Please confirm that the legal charge in favour of Santander Bank PLC will be discharged on or before completion and that you will provide an undertaking to that extent in the Law Society’s recommended format.

  1. Charges Register, Entry 6:

  • Please provide details of the Unilateral Notice referred to in this entry.

  • Please confirm that you will arrange for the removal of this Notice, and that such removal will be effected on or before exchange of contracts.

Informing the Buyer

  1. Charges Register, Entry No. 1:

“Restriction on your use of the land however, as we don’t have the original or a copy of the documents, we do not know what it restricts. We would advise you...

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