This website uses cookies to ensure you get the best experience on our website. Learn more

LPC Law Notes Property Law and Practice Notes

Results Of Searches And Enquiries Ws3 Task 2 Notes

Updated Results Of Searches And Enquiries Ws3 Task 2 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:

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.

More Property Law And Practice Samples