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:
Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
---|---|---|---|
PLANNING | |||
1. Is there planning permission for the construction of the building or was planning permission not needed? | - CPSE 12.4 - LLC1 1(a) | Seller does not know if planning permission was obtained but, the property has existed for at least 200 years. Only planning permission from 1976 (2007 PP not fulfilled). | GOOD, Property was passed in 1947. Therefore, property build before 1947 and thus the property is not subject to planning permission. No Further Action Required |
2. Is the building being used for its authorised planning purpose? | - LLC1 Part 3 - CPSE 12.5 | Change of use – offices i.e. the use as offices is authorised | Good - use of offices |
3. Are there any planning conditions which would prevent the client’s proposed alterations or future use? | - LLC1 Part 3 | Conditions on Planning Permission | Bad - need original copy of Planning Permission Document from the seller’s solicitors or the local authority. |
4. Are there any existing breaches of planning law for which action could be taken against the buyer after completion? | - CPSE 12.9 - the seller is not aware of any existing breaches. The category changed to offices in 1976 (29R: 3.7/9). - CON29O: 7 No completion notices - CON29R paras 3.7 & 3.9 | - ‘The seller is not aware of any breaches of planning permission’ - No evidence of unauthorised work - No notices served on the property | No Action CPSE not strong enough; however, no record through Local Searches. |
5. Is the building listed or in a conservation area? | - CON 29R 1(b) | - Not Listed building charges for this property. - No listed building repairs notice | No Action Development should not be a problem. Consideration of listed notice not needed. |
Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
---|---|---|---|
ENVIRONMENTAL CONTAMINATION | |||
1. Could 3PP be contaminated by past uses? | - CON29R : 19 | No potential contaminative. Historical land uses were identified Low Risk | Tell Client No further action required |
2. Could 3PP be contaminated by uses taking place on Neighbouring properties? | Off-site sources’ Environmental Report | Low to moderate risk - Environmental Report Consider Clothing Manufacturer & Petrol station | Good - however still possible ‘moderate’ risk - However, it is worth checking with client and considering a full environmental survey or insurance |
3. What does the seller know about any possible contamination? | - CPSE 15 - CON29R 3.12 | NO 15.5 Seller has received no complaints/legal disputes under environmental law 15.7 Seller is not aware of actual, alleged or potential environmental law problems 15.8 No insurance in relation to this | Tell client No further action required |
4. If the property is contaminated, would the buyer have to clean it up or remediate contamination in the future? | - Environmental Search - Environmental protection act 1990 | No However, presence of contaminants could lead to liability. Local authority serves remediation notice specifying steps to “Clean up” | If Buyers is aware of contaminants the could be liable. Insurance? Possible reduction of purchase price if there are contaminants |
5. Has the LA already served any remediation notices or is it planning to do so? | - 29R: 3.12(a) & 3.12(c) | No notices No consultation with the owner conducted before served of a remediation | - Good |
Overall GOOD news – advise on full environmental survey is possible, but not fundamental. |
Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
---|---|---|---|
ACCESS and SERVICES | |||
1. Are all roads giving access to the building public highways maintainable at public expense? | - 29R 2(a) | All public except Drapers’ Alley | - Liable to maintenance - Personal inspection maybe needed/survey |
2. If not, is there a s.38 agreement and bond in place? | - 29R 2(b) | No s.38 agreement/bond | - Advise client Make enquiries : Who owns the road, right of way |
3. If not, are there roads crucial to 3PP which pass through land in third party ownership and if so, does the seller have any legal rights to use them? | - Map. CPSE Preliminary enquiries of seller 3.1 | Yes. S Believes enjoys right of way over Draper’s Alley by long use | Legal rights? Prescribed Easement - Clevedon used private road for 17 years – need to research previous 3 years before registering with LR |
4. How are these private roads maintained? | - 29R 3.4 - 29O Part 4 | No Assumed that owners share maintenance costs | Tell Client Find out costs Physical inspection |
5. Are there any proposals for new roads or works to existing roads? | - 29R 3.4 - 29O Part 4 | No | Tell Client |
6. Does foul waste and surface water drain away from the building to a public sewer? If not, is there a s.104 agreement and bond in place? | - CON29DW 3 and 4 (Drainage) | Yes. | Tell Client |
7. Is the building connected to the mains water supply? If not, is there a s104 agreement and bond in place? | - CON29DW 12 (Drainage) | Yes. | Tell Client |
Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
---|---|---|---|
PHYSICAL STATE AND CONDITION | |||
1. Is any part of 3PP in poor repair? | - CPSE Part 8 and 12.7 - 29O 16 | 12.7 planning permission application was granted but repairs never carried out. No maintenance notice given | Get a survey Get a Structural Survey |
2. Liable to flooding? | Environmental Search (Flood Solutions Commercial Search) | Moderate Overal risk of flooding | -Inform client -Apply to Argyll -No Flood defences -Get insurance |
3. Liable to subsidence? | - Coal Mining (part 9.2) - Environmental... |
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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