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Detailed notes for the full course of Advanced commercial property.
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Advanced CommercialProperty
BPP Exam notes 2022
1
, Exam structure:
2 papers: lease paper and development paper. Contain both MCQs and Long
form. 3 x MCQ and 3 x Long form for development and 4 x MCQ and 3 x long
form for lease paper.
Booklet pre-released 3rd June. Contains lease and some other documents - 10
days to look at it. Go pick it up at reception. When you get it do a lease report
on it!
SGS 1-5 is development, rest are lease.
Exam may ask you to, based off a document:
• explain why clause is in agreement
• suggest amendments
• explain/justify those amendments - e.g why would the tenant want the
amendments? (Generally, on behalf of tenant).
2
, DEVELOPMENT: SGS 1-5
Potential development issues/concerns: SEE PAGE 6 LAW ANSWERED
Overriding objective is ensuring the development is profitable - are the issues found going to
impact the profits made?
• Covenants - potential options: consent of the owner of the land with the benefit, which may take
time and money to resolve. Insurance may not be available at a commercially acceptable cost.
Applications to the Upper Tribunal (Lands Chamber) to release obsolete restrictive (but not
positive) covenants are time-consuming and expensive, with no guarantee of success.
• Mines and minerals - buyer may not own these even with title absolute. Need to carry out a
survey to see if unsure - possibility of obtaining insurance or seek purchase rights from owner
(expensive).If these are owned by a 3rd party then if you damage, remove or interfere with mines
or minerals in third party ownership – through, for example, digging foundations or the piling
process – this could amount to a trespass and lead to a liability for damages or an injunction to
stop work. You should carry out a survey to establish the scope and extent of any mines or
minerals below ground and see if your proposals would interfere with these.
• Planning permission - will be needed
• Access issues - access for construction traffic? Creation of new roads - could these be adopted?
Any rights of way? Stopped up highways?
• Rights to run and lay services? - e.g pipes, water, electricity,
• Airspace - the landowner retains control of the airspace to a height ‘necessary for ordinary use
and enjoyment of the land - if crane is going over neighbours/public highway would need
permission.
• Right to light - buildings nearby? HIGHLY EXAMINABLE - SEE PAGE 10 LA.
• Extent of site and boundaries
• Third party occupiers - ensure vacant possession - be wary of tenancies, adverse possession,
squatters - SEE PAGE 12 LA.
• Timings - how long is everything going to take?
• Is this a good location for our client?
Exam structure: SDLT BANDS:
Step 1: describe and explain the issue. What has
been discovered and what effect could that have
on the development?
Step 2: do we need more information about the
issue and if so, what?
Step 3: what advice can you give now on how to
proceed?
3
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