BPP University College Of Professional Studies Limited (BPP)
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Notes on Property law and Practice for the LPC at BPP University. These Revision notes are set out in a way that is easy to understand using a structured step-by-step guide and clear table formats. These notes sum...
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Property Law and Practice
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INVESTIGATING TITLE CPSE replies reveal – if covenant:
1. The name of the PWB of the covenant
Title investigation questions will come up in relation to freehold 2. The covenant itself and the fact that the land was registered land
properties. The scenario will have an existing or new client wanting to and its title number
purchase a freehold property. 3. Any breaches of the covenant and any complaints of the PWB
4. Whether any restrictive covenant insurance had been purchased
In your question, highlight the following:
1. How is the property currently being used? – eg. as a restaurant, CPSE replies reveal – if private/public road connected to property:
a public library or storage. 1. The name of the owner of the private lane
2. Any developments made to the land in the past? – eg. Seller 2. Whether the road connected to the property was a private road
removed an old business name plaque from the property. 3. Whether there were any adoption plans in relation to it
3. Any developments Buyer wants to make?
4. Only one Seller? Any co-owner Sellers? Death of a co-owner? CON 29 results:
5. Will Buyer fund the purchase via a mortgage? Does Seller already
have a mortgage that needs to be released? The CON 29 results reveal:
1. Planning permission – eg. for a change of use from B8 to A1
2. Building regulations approval and certificate for the shed in the
CHECK ALL DOCUMENTS TO SPOT THE ISSUES: yard
3. That no enforcement action taken to date by the local authority
Go through each register as per the below making a note of what you 4. The private lane was not a public highway and there were no
find on the margin using a shorthand you will remember. current plans to adopt it.
Official copies: LLC1 results:
When referring to information from the official copies in your answer, The LLC1 results reveal:
always state the entry number so highlight that as well. 1. Planning permission
Eg. Indemnity covenant as per the Proprietorship Register entry no. 2. 2. Change of use
3. If the area is a Conservation Area
The Official copies must be less than 1 year old, so check the date. 4. If the property is a listed building
5. Any smoke control orders
Property Register reveals:
1. Rights benefiting the property: right of way or right to lay pipes. Other documents to check:
2. Any exclusions from the land – eg. mines and minerals.
Inspect copies of conveyances referred to in Official copies if the extracts
Right of way: of those documents have not already been included in the official copies.
State what type of right of way, as you see it set out in the register. – this may reveal unregistered third-party interests.
Right of way may be restricted:
1. On foot only IDENTIFY THE ISSUES – START YOUR ANSWER:
2. On foot and with bicycles down a lane at the side of the building
3. To pass and repass over the private lane with/without vehicles 1. Right of way:
4. For use only between 10am and 5pm * Benefit of a right of way may be restricted as to time of
use, means of use – eg. on foot only and no vehicles are
Proprietorship Register reveals: allowed
1. Quality of title * The right of way may not be adequate for buyer
2. Owner of property with name and address (look out for co- * Adoption
ownership here: joint tenants)
3. Any indemnity covenants 2. Right to lay pipes:
4. Any lender restrictions * Same as above, but for adoption, discuss Water industry
5. Any tenants in common restrictions – if there is one, that means Regs 2011
that the sellers held the property as tenants in common.
3. Restrictive covenant:
Lender restriction example: * Past breach of the covenant
Restriction: Except under an order of the Registrar no disposition by the * Possible future breach of the covenant
proprietor of the land is to be registered without the consent of the
proprietor of the charge dated 10 November 2014 in favour of Loits Bank 4. Positive covenant:
plc referred to in the Charges Register. * Past breach of the covenant
* Possible future breach of the covenant
Charges Register reveals:
Rights burdening the property 5. Mortgage:
1. Restrictive covenants – eg. covenant not to erect or permit to * Release of the seller’s mortgage.
be erected any additional building or structure.
2. Positive covenants – eg. covenant to maintain a boundary wall. 6. Planning consents:
Hands in pocket test: a covenant is a positive covenant if fulfilling * Local authority (planning) consents needed for the
it requires the burdened land owner to spend money. internal building works, change of exterior, change of use
3. Leases * Has the seller obtained planning permission for building
4. Mortgages: always appears in two entries works/change of exterior or change of use?
Mortgages example: 7. Proprietorship issues:
* REGISTERED CHARGE dated 29 October 2022 to secure the * Sale by a company
monies including the further advances therein mentioned. AND * Sale by surviving joint tenant
* Proprietor: LOITS BANK PLC of 3 Funny Place, London, EC3 6BC. * Sale by surviving tenant in common
And! A mortgage will also appear on the Proprietorship Register (and it Right of way:
is very similar to the wording of the tenancy in common restriction:
RESTRICTION: Except under an order of the Registrar no disposition by Spotting a right of way issue:
the proprietor of the land is to be registered without the consent of the Check the Official copies – Property Register.
proprietor of the charge dated the 29 October 2022 in favour of Loits
Bank Plc referred to in the Charges Register. Right of way example:
The Property benefits from a right of way with or without vehicles at all
Also review the title plan and look for: reasonable times over the land shown coloured red on the plan.
1. Check if boundaries correspond with what Buyer is expecting
2. Any churches nearby – to see if maintenance of the local parish The right has been “extracted” in the Property Register if there is a short
church would be payable by Buyer extract detailing the nature, location of the easement (title plan) and any
restrictions (eg. the right of way is on foot only). If the right has been
CPSE replies: extracted, no need for a copy of the document creating the right (original
deed).
Instead of Vendor, use the term: PWB = person with the benefit.
PWB named in entry 1 of Charges Register. If died or sold land with Extracted right:
benefit, current PWB is his successors in title. The land has the benefit of the following right contained in a deed dated
13 August 1999: a right of way on foot only over the land coloured red
on the filed plan.
PLP – Revision notes | Page 1 of 25
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