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LPC Law Notes Property Law and Practice Notes

Sale Of Part Notes

Updated Sale Of Part 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:

Sale of part & sale of new plots

1. Sale of Part

Establishing the plot to be sold:

  • Important to provide a new, accurate description of the property that is being sold.

  • Describe the land in the “particulars of sale”. Set out the extent of land being sold and the extent of land being retained.

  • Terminology:

Retained land: define verbally in the contract and marked clearly on plan. SCPC does not provide adequate definition of retained land.
  • Go to land – have a scaled map / plan drawn up.

  • Buyer and seller should sign and agree boundaries.

  • Plan: Clear and to metric scale

  • TP1 Written description: “To the north of [insert address] - more particularly shown edged red on plan

  • Plan prevails over written description

Plot on building estate:

  • Land is registered

  • Seller can deposit a “site plan” at the Land Registry and the official copies which are issued will give a certificate in Form C1 in lieu of the title plan [i.e. this is what buyer gets]

  • C1 states that the plot lies within the boundaries of the site plan deposited at the registry but it does NOT specifically identify the plot.

  • It will also highlight if any of the matters in the Charges Register [easements / covenants] affect that particular plot.


Creating Easements

  • Can be express of implied!

  • IMPLIED easements granted in favor of the buyer [gives him certain rights over the land retained by the seller for the benefit of the part being sold]. These can include:

  1. Easements of necessity

  2. Intended Easements

  3. Rule from Wheeldon v Burrown; The buyer’s rights must be

1 Continuous and apparent
2 Necessary to the reasonable enjoyment of the property sold
3 Actually in use at the time of the sale

Therefore – rights that do not already exist cannot be implied through W v B.

  1. S.62 LPA 1925 [applies ONLY if, at the time of sale, the two tenements are in separate occupation – i.e. there must be separate occupation already!]

  • Clause negating implied right:

  • WHY: to exclude the event that buyer does not get what he thinks he will get / seller goes not give away what he does not whish to give away.

  • Exclude the implied grant rules by EXPRESS special condition in the contract.

“This transfer will only operate to grant those easements expressly referred to and will not operate or be construed to imply the grant of any other easements

  • Therefore easements can be tailored to fit the particular case. Buyer must be careful that he is getting all easements necessary to his enjoyment of the land.

Common easements Granted to buyer:

  1. Use and enjoyment of plot

  2. Rights of way to gain access to the property [ensure this is for all times, for all purposes, and allows access both on foot and by motor vehicles]

  3. A right for services to reach the property [drains, water, gas, electricity, telephone]

  4. A right to maintain all these

  5. A right to light

  6. A right to support: of the land with a building on it. Also – right to get people to come in and repair any damage done to the property.

  7. If rights are shared [e.g. drainage / water / driveway] – a covenant to maintain or contribute to the maintenance [and make good the damage caused] may be appropriate.

  8. A right to enter to effect maintenance.

  • Common easements Reserved by the seller

Nb. S.62 and WvB cannot operate for reservations]

Consider – what rights will seller need over his land / land being sold?

  1. Befit of retained land

  2. Similar to those rights granted to buyer

GRANTED: [seller - to buyer]

right to law new service

right to connect to existing services

right of way

right of entry for inspection and repair

RESERVED: [seller- from buyer]

drainage rights

right of entry and inspection to repair

  • Possibility of granting a FUTURE easement –e.g. drains have not yet been laid down]. Granting a future interest in land. Since 6th April 2010 the rule against perpetuities has not applied to grant of future easements.

  • Special consideration of easements of LIGHT and AIR!

Rights to light and air can be passed by either S.62 or WvB.

Could have serious ramifications for seller – his property value may go down as he cannot extend / build without consent of new plot owner

Therefore – expressly exclude buyer’s right to easements of light and air by express condition in the contract [which will provide for an insertion to this effect in TR1]

SCPC 3.3 already provides for this – but better to be certain and make it an express condition.

Fall-back provision:

  • SCPC 3.3: allows each party to have their implied right turned into an express right in the transfer – but it does not specify / limited on what those rights are.

  • Exclusion of rights of light and air

  • Inadequate to deal with parties needs on sale of part – see only as fall back provision!

Consent of lender

  • New plot must be sold free of the any charge over the land.

  • Look at the Charges Register [official copies] – what matters will the sale of the plot effect:

Is there is Mortgage? Consent from mortgagee will be needed

‘Release of Part”

Registered land Form DS3 + plan
Unregistered land Deed of release + undertaking + fee

Seller may have to offer up payment to obtain consent likely!

Has the value fallen – by any new encumbrances on the retained land? Is property still “good and marketable”?


Existing covenants

  • Registered land – can be found on the Charges Register enforceable!! The covenants will be incorporated in the new title of the new plot.

  • Consider usual covenant issues:

  • Burden does NOT run with the land

  • Enforceable against original covenantee

  • Current owner may be liable through a chain of indemnity.

  • Use Halsall v Brizell: mutual benefit & burden [right to use footpath coupled with obligation to maintain it]


e.g. restrictions on use, nuisance, building etc.

  • Burden runs with land;

  • Enforceable against current owner

  • RC Indemnity Insurance?

New Covenants

  • Must be expressly provided – nothing can...

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