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:
Unregistered Title
Epitome
All documents & events affecting ownership of land from root to present day must be included in epitome including
Conveyances on sale & by gift
Deaths & death certificates
Grants of representation to deceased ownerβs estates
Change of name of estate owners
Leases
Mortgages
Discharge of legal mortgages
Documents prior to root which contain details of restrictive covenants affecting property
Memoranda endorsed on documents of title
Powers of Attorney under which a document within title has been executed
On sale of whole require originals at sellers expense SCPC 6.1.3
On sale of part just receive copies NOT originals
Root of Title
44 LPA 1925 Epitome commence with good root of title at least 15 years old
Buyer bound by matters that would have been revealed by a title that begins with a good root
Contract specify which document is to form the root of title & generally not possible to require evidence of title prior to root 45 LPA 1925
Links in the Chain
Need an unbroken chain of ownership from root of title up to present seller
Check dates & names spelt correctly on Land Charges Search
Is there a power of attorney?
10 PAA 1971 gives a general power of attorney
5(2) PAA 1971 person who deals directly with an attorney will take good title provided he acquires in good faith without knowledge of revocation of the power
Subsequent buyer will obtain protection under 5(4) PAA 1971 if
Conveyance with attorney & person who dealt with him took place within 12 months of the grant of power OR
Person who dealt directly with attorney made a statutory declaration before or within 3 months of completion of a subsequent purchase to the effect that he had no knowledge of the revocation of the power
Solicitor should advise client immediately to make statutory declaration on day of completion of purchase from attorney
Can obtain title defect insurance for no statutory declaration being in existence
Does a document show property vested in joint tenants or tenants in common?
Law Property (Joint Tenants) Act 1964 allows a buyer to assume no severance of joint tenancy before death provided
No memorandum of severance endorsed on conveyance under which joint tnenats bought property
No bankruptcy proceedings registered against names of either of joint tenants
Statement in proposed conveyance that seller solely & beneficially entitled to land
If cannot sell on own then need to appoint second trustee to overreach & dispose of any equitable interest in property
Assents by PRs must be in writing in order to pass legal estate to beneficiary
A buyer will take from PRs even if there has been a prior disposition by them provided
Conveyance to buyer contains statement from PRs that they have not made any previous assent or conveyance of same land
No memorandum of a previous conveyance or...
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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