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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:

What Easements, Covenants etc. are necessary for the Client?

The Contract provides for the term The Transfer imposes the term
  • Define all the terms accurately

  • Red for the “Property

  • Blue for the “Retained Land

  • Easements and covenants are included by:

    • Special condition

    • By reference to the attached Transfer

  • Use Form TP01

  • In Box 12, new easements and covenants can be created as needed

Mortgages
  • Where the original land is subject to a mortgage and seller wants to dispose of part

  • He must obtain lender’s consent in Form DS3 and a certificate of non-crystallisation if there’s also a floating charge

  • Lender may want all or some of the proceeds to go towards discharging the mortgage

  • Buyer will want an undertaking from the seller to discharge the mortgage

Implied Easements on Sale of Part in favour of buyer 1,2,3 & 4

p410

  1. Necessity

    • Easements to buyer and seller

    • If without it no use can be made of the land

  2. Common Intention

    • Easements to buyer and seller

    • Where the parties would have thought of it during sale

  3. s.62 LPA 1925

    • Easements to buyer only

    • Must be diversity of occupation at the time of the conveyance

    • It creates a new easement by implying words into conveyance to ensure that everything enjoyed with the land passes to the buyer on sale

    • So, a licence to cross a field will become an easement on sale of part

  4. Wheeldon v Burrows

    • Easements to buyer only

    • It will be implied where the right us

      1. Continuous and apparent (e.g. a path, a drain, easily spottable); and

      2. Necessary for the reasonable enjoyment of the land; and

      3. Was being used as a “quasi-easement” by the seller for the benefit of the Part being sold at the time of the conveyance

Expressly Excluding Implied Easements

  • Exclude all: “The Transfer Deed will contain a declaration that it will only operate to grant those easements expressly referred to and will not operate or be construed to imply the grant of other easements” p410

  • Exclude easements of light and air: “There is not included in the sale of part any easement of light and air which would or might interfere with or restrict the free use of the Retained Land for building or any other purpose. The Transfer to the Buyer must expressly exclude those rights” [note: SCPC 3.3 excludes implied light and air easements] p411

Grant Specific Easements

Consider granting or reserving specific easements for:

  1. Right of way (foot and vehicles / times and purposes / specify its extent)

  2. Right for normal services to reach property (phones, drains, water)

  3. Rights of access for maintenance for above

  4. Right of light and air

  5. Think about maintenance, repair and replacement are dealt with

Covenants

p412

  • This is so the seller can protect his Retained Land

  • These must be expressly created

Possible Easements the Seller will Consider:

  • Restrictions on building (e.g. only with seller’s consent, approval of plans)

  • Restrictions on use (e.g. only use for a retail shop selling clothes)

  • To erect and/or maintain a boundary wall or fence

  • Not to cause a nuisance to seller of neighbours

  • Contribute to maintenance of shared facilities (e.g. drains and rights of way)

  • Ensure restrictive covenants will run with the land

  • Positive covenants are not enforceable against successors (but note Halsall mutual benefit)

Drafting a covenant

  1. Who: has to perform

  2. When: do they have to do it and how often and when it can be exercised

  3. How: are they do it and by what specifications

  4. Where: is it to be done, such as where is the boundary and...

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