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:
Why do the searches?
Because, when the buyer purchasing property the principle of caveat emptor applies (Let the buyer beware — emphasising that it is the buyer’s responsibility to discover problems with the property, not the seller’s to disclose them). Thus, the Solicitor carries out the investigation (Due Diligence) so that the client has as much info as possible and can enter the transaction eyes wide open.
Seller’s duty to disclose is limited, so further searches are necessary to protect the buyer (even when a Pre-Contract Package has been provided by the seller)
If solicitor doesn’t make them, they could be liable for professional negligence
When do the searches?
To satisfy the buyer’s lender, all should be made not more than 6 months before completion
In practice, it will usually be 2 months before completion
What searches to make?
Always (explain why the search is required) p167 | Unregistered | Fact Dependent (explain why required) |
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(LLC1 + CON29R + CON29O are usually submitted together) |
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What to do with the Results?
You must pursue unsatisfactory results or face liability (Computastaff) and check with the client’s instructions
You must pass on the results to you client
A buyer has imputed knowledge of everything that his solicitor knows (Strover v Harrington (1998))
Common scenarios:
Property built within last 10 years |
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Access to Property |
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Occupiers |
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New Estate Roads & Drains
These are unadopted private roads
Likely to be adopted by the Highways Authority (but may not be)
Ensure a contract clause that the developer will make and maintain roads up to the LA standards until such point as they may be adopted, at no cost to the buyer
If developer goes insolvent, buyer could become liable for costs of adoption, so ensure there is a s.38 agreement supported by a sufficient financial bond between HA and the developer
For drains, it is a s.104 agreement
Search | Purpose | Procedure | Info Obtained | Liability |
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Pre-contract enquiries of the Seller (Residential Property) p171 | To elicit information from seller he’s not required by law to disclose, mainly about defects and neighbour disputes. Seller can refuse, but this would put off the buyer | TA6 PIF (freehold); TA7 PIF (leasehold) and pre-contract package submitted to seller. Delete any irrelevant questions and can add unique questions. |
| p171 & 172 *Misleading reply could lead to misrepresentation. * Exclusion clauses are subject to reasonable test in UCTA 1977. Solicitor is liable to client (CEMP Properties UK Ltd v Dentsply RDC N1), not the buyer (Doe v Skegg). *It is common for the seller’s solicitor to answer enquiries vaguely with the intent of avoiding any possible liability for misrepresentation (e.g. ‘Not so far as we are aware’ or ‘Not so far as the seller is aware’). |
Pre-contract enquiries of the Seller (Commercial Property) p172 | “ ” | (CPSE) Commercial Property Standard Enquiries. | CPSE Form 1 (always)
Forms available in addition to CPSE Form 1
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LLC1 Local Land Charges Search p167 | * To access information kept on the Local Authority’s Local Charges Register * Reveals matters which fall within the statutory definition of local land charge (e.g. PP granted) | Submit Form LLC1 of all 12 parts, fee and plan to the borough in which property is registered You will receive a back a certificate with entries |
| If buyer suffers loss because of an error in the certificate, may receive compensation under s.10 LCA 1975. You must advise buyer on the meaning of the information obtained |
CON29R (Local Authority Enquiries) p168 | Get a more complete picture of property and its surroundings *reveals a wider range of information and are not restricted to land charges (e.g. planning applications made including refusals) | Tick relevant questions to be answered and submit 2 copies and fee by post to district where the property is registered | 1: Granted, pending or refused Planning Permission (PP) or Building Regulation (BR) 2: Whether serving roads are maintained at the public expense (if not, then buyer is liable for maintenance and upgrading them) 3.4 & 3.5... |
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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