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:
Registered Title Investigations (Acting for Buyer)
Property Register
Refers to covenants benefiting the Property to rights which burden the property
Is there a reference to a conveyance where the covenant is not stated?
Need to apply for copy from Land Registry or ask seller if they have copy of conveyance to see details of adverse rights to inform client
Is there an easement which would restrict development?
No right to easement of light or air that would restrict development on neighbouring land?
Need to identify neighbouring land which be developed in future to inform clients & assess likelihood of development on land which could adversely block light & air to property
Easement to use common area?
Who is responsible for area?
Discuss with seller – seek a variation
Proprietorship registry
Is there an indication of a chain of personal indemnity covenants which the Seller will presumably want to continue
Need to advise clients of this & SCPC 6.6.4 buyer will be required to give indemnity covenant
Client will need to abide by covenants in Charges Register
Charges Register
Restrictive covenants
APPLY TO FACTS
Ask seller if he knows who currently has benefit of covenants
If know who has benefit can ask them for release
Apply to Upper Tribunals Land Chamber for release 84 LPA 1925
Obtain insurance
Insurers will only offer insurance if those with the benefit have not yet been approached or tipped off
Positive covenants
These do not run with the land, however if client is entering into a personal indemnity covenant with seller then personally bound to comply with positive covenants
Mortgages
Ensure contract does not contain any term that client takes subject to mortgage
Gain an undertaking from seller’s solicitor that mortgage will be discharged before completion
Take off charges register after completion
Leases
Check key terms
Are they contracted out of LTA 1954?
Contract
Specified incumbrances correct?
Ensure no reference to mortgage
Contract rate should not be fixed & is it the correct value? 4% above base rate
Usually desirable for it to be flexible – “from time to time in force”
Are there chattels in the sale?
Any special conditions required to be included?
Leave date blank – filled in upon exchange & Completion date left blank?
Are the addresses & names of buyer & seller correct
Is the property correct & title number?
Purchase price & deposit correct?
Selling with appropriate title? – is there good reason to be selling with limited title?
Stuff to look out for:
Was the property built within the last 10 years?
Check planning permission & have copies
Any conditions attached?
Check building regulation consent obtained & copy provided
Check roads & drains are adopted
If not adopted, check adequate easements exist for access
Access to property or services across neighbouring land?
What are arrangements for maintenance & repaid of easements for access
Occupiers?
Equitable interest or tenancy
Will they sign agreement to give up those rights on completion?
Family Law rights registered
Extensions or alterations carried out by previous owner?
Guarantees for work
Planning permission
GDPO?
copies been obtained & covenants complied with
Consent for works obtained
Insurance cover obtained for breach
Did survey cover work to check that it was carried out to proper standard
Searches – APPLY TO FACTS
LLC1
Are there any current planning permissions relating to the Property or is the Property a listed building?
CON29R
Enquiry 1 - any planning consents & whether a listed building repairs notice has been issued?
Enquiry 2 – to find out if roads are adopted & whether there will be no requirement for easements of use or a contribution towards maintenance
Enquiry 3.4 & 3.5 – any new roads/railways proposed...
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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