This document contains High Distinction level LPC notes for the Advanced Real Estate module at the University of Law for 2020/21.
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Advanced Real Estate Preparatory and Workshop Task Notes - Stuvia
Unit 1: Site Acquisition: Preliminary Steps
Preparatory Task 1
Note any issues which may affect:
• The cost of developing the Site
• The timescale for development
• The layout of the new buildings on the Site
• Transport links and service infrastructure
The cost of developing the Site
• Old munitions factory, so contamination? If so, could be costly to clear up
• Premises built pre 1920s – may be restrictions on how you redevelop it
o Also more than 3 years old, so classed as an ‘old building’ for VAT –
exempt supply unless seller decides to charge VAT
! If charged, it would be standard rated at 20%
• Land was originally agricultural land reclaimed from marshland – so may be
prone to flooding? Ground may not be stable?
o Also agricultural contamination?
o Also contamination from railway/new tram lines?
• Has planning permission been granted? Refused? What is the likelihood of
planning permission being granted?
o Explore historic planning permission (revealed in CON29 and LLC1)
• Plan to use it as mixed use business/retail park – is this a permitted use of the
site?
• Probably want to demolish it
o Foundation work may be an issue
o Also health and safety issues
The timescale for development
• Phoenix wants to move quickly to avoid a bidding war – may be difficult if
extensive searches/surveys need to be done to ascertain the state of the land
Transport links and service infrastructure
• Great that there are good rail links, but should check that the plans for the
second tram line is not due to encroach on the site, given that the site’s
border is very close to the existing lines.
o Does Network Rail have any rights over the land?
o Also possible noise pollution from railway? Will this be an issue for
the buyer?
• Although site was originally agricultural land, it was then turned into the
factory, so we can assume that the necessary drainage systems are in place –
but would want to check just to be sure.
• River on southern side
o Is there obligation to maintain this?
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, Advanced Real Estate Preparatory and Workshop Task Notes - Stuvia
Searches we’d want to do:
• Should do a railway search
• Flood search
• CON29O
Workshop Task 1
Title Investigation
Property Register
Identify Entry Entry 2
Describe what is says ‘Mines and minerals… powers of
working… excepted from registration…’
Explain impact - This is relevant to most parcels of land
on the title plan
- Suggests the land may be unstable and
subject to subsidence
- Could also be sued for trespass if we
start digging during redevelopment
Action required - Need to check how recently the right
has been used and the likelihood of it
being used in the future
- Also mentions compensation – find out
how much this is
- Has there been any issues in the past?
- Get survey done to check stability of
ground
- Index map search
- Could contact the owner to ascertain
future plans, if there are no future plans
could try and get a release from the
covenant.
Identify Entry Entry 3
Describe what is says - ‘may divert… the stream… and if the
said stream shall be diverted… [the
owner] shall construct and forever
maintain… a ditch’
- Need to find out where B, C and D
are
- The essence of this is a positive
covenant in relation to a ditch being
dug out and a culvert
- Positive covenants don’t run with
land (indemnity covenant is limited
to scope of charges register)
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, Advanced Real Estate Preparatory and Workshop Task Notes - Stuvia
Explain impact - Could be an issue depending on
where the stream is
- Common law may kick in here –
deed contains beneficial right
(Halsall v Brizell), so could run with
the land anyway
Action required - Get copy of 1920 plan from land
registry
- Inform client
- Get flood search
- Get surveyor to assess ditch and
culvert
Identify Entry Entry 4
Describe what is says Restricts right of light and air to buildings
on some parcels of land (15, 16 & 17)
Explain impact - However, two of the parcels in
question are very thin strips right
next to the rail lines so may not be
an issue.
- BUT, parcel 15 is quite big, so this
restriction is inconvenient
- Client may want to consider
reordering the development and
putting different types of buildings in
these areas.
Action required - Has the land already been developed
by railway company
- Assess these parcels of land
Charges Register
Identify Entry Entry 1
Describe what is says - Obligation to only use 10 and 11 for
construction, repair and
maintenance of a footbridge
- Restrictive covenant for use as
footpath
Explain impact - Kind of annoying, but they’re not
very big parcels of land, so many
could carve them out??
- Can’t develop those parcels of land –
could try and sell them to railway
company?
- Sec of State can go on land at any
time to maintain/repair/construct
footbridge
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, Advanced Real Estate Preparatory and Workshop Task Notes - Stuvia
- Do they have a right to get to those
parcels of land?
Action required - Tell client
- Survey of footbridge
- How often has this right been used?
- Physically look at the parcels of land
- Could get indemnity insurance?
- But outside of main development
area, so not high on the priority list
Identify Entry Entry 2
Describe what is says - Gives the electricity board right to have
electricity lines running overhead across
the premises
Explain impact - Could be very problematic given that
Phoenix want to redevelop, which
may interrupt the electricity cables
- Also gives them the right to enter
the land to inspect, repair, alter or
remove the electric lines – also
problematic both when
redevelopment work is ongoing and
also afterwards
- Effects the potential layout of the
development
- This looks to be an easement rather
than a way-leave agreement?
Action required - Find out how often access is required
to electric lines
- What is the cost of having them
removed/moved?
- Tell client
- Where is the designated route?
- Does East Midlands Electricity Board
still own these rights or were they
sold to someone else? If so who?
Identify Entry Entry 3
Describe what is says Registered lease for 25 years over
majority of land
Explain impact - Leases last until 28/09/2025
- Lease covers most of land??
- Could be incredibly restrictive if its
for most of land
- Client won’t want to take property
with the tenant
Action required - Get copy of the lease
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