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LPC Law Notes Property Law and Practice Notes

Sale And Purchase Of Freehold Ws 1 Conveyancing Procedure Notes

Updated Sale And Purchase Of Freehold Ws 1 Conveyancing Procedure 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...

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Conveyance procedure: Sale and Purchase of Freehold

NOTE

Seller markets the property hoping to find a buyer (estate agents are common). Seller is required to obtain an Energy Performance Certificate (EPC) (Energy Performance of Buildings Regulations 2012(si 2012/3118))

An example of an attendance note recording instructions from a client which follow a check list is found in PLP book page 94-95 NOTE
SELLER BOTH BUYER

Solicitors receive instructions which are usually confirmed by writing, together with written info relation to the solicitor’s costs (Confirm Client ID/M Laundering/Mortgage fraud/Confidentiality):

  • Personal interviews

  • If Estate agent ask solicitor to act on behalf of C, confirm with C

  • If 2 or more co-sellers confirm instructions with all (Penn v Bristol and West Building Society and Others (1995))

  • Acting for both parties (See Confidentiality Chart)

Take instructions

Solicitors receive instructions which are usually confirmed by writing, together with written info relation to the solicitor’s costs (Confirm Client ID M Laundering/Mortgage fraud/confidentiality):

  • Personal interviews

  • If Estate agent ask solicitor to act on behalf of C, confirm with C

If 2 or more co-buyers confirm instructions with all (Penn v Bristol and West Building Society and Others (1995))

  • Acting for both parties (See Confidentiality Chart)

Pre-contract package includes:

  1. Draft contract, showing what land is being sold and on what terms it is being sold;

  2. “Deduction of title”= Evidence of seller’s legal title to the property, to prove he owns and is entitled to sell the land; and

  3. Sometimes, the results of pre-contract searches which the seller has made and other information about the property

  4. May contain other info e.g. local authority planning permissions

Prepare pre-contract package (draft contract, evidence of title etc.)

Pre-contract Stage

Buyer or seller may change their mind and withdraw from transaction at any point during the pre-contract stage. Once contracts are exchanged a binding contract comes into existence.

Investigate tittle

Buyer’s solicitors must check documents of title and ensure that seller is entitled to sell and that there are no encumbrances (e.g. restrictive covenants) which may prevent the buyer from using the property as he intends to.

Check that terms of draft contract accord with instructions by buyer.

Check proof of the seller’s ownership of land “title”. Any queries about the title made to the seller’s solicitors are called “requisitions”. Requisitions require seller to resolve problems in seller’s ownership or title.

Identify defects in title. If also acting for lender prepare report on title 4 them.

Commission survey Buyer must find out as much as they can (about boundaries, access, works, disputes, outgoings) as due to the Caveat Emptor principle.
Seller is not obliged to answer questions about the property but is encouraged to do so in order to facilitate the sale. Incorrect responses may account for misrepresentation. Raise pre-contract searches and enquiries

Solicitor must carry out pre-contract searches of various statutory private and public bodies (eg local authorities) to help buyer build up a whole picture of the property....

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