notes by serenalky @ stuvia // https://www.stuvia.com/user/serenalky
PLP NOTES
• The burden of the right of way
should be registered in the charges
register of the servient land.
SGS 1 - Title Investigation • If the property does not benefit from
a right of way across third party land
this is not a concern provided the
property is directly next to a public
• 1) The Land Registry will set out the highway.
fact that an indemnity covenant has • Insurance is a possible option for a
been given by the seller, (but not future breach of a positive
the wording of the indemnity covenant.
covenant itself); and • Past breaches of positive
• 2) The Land Registry will note this covenants are usually remediable.
on the Proprietorship Register (not • Although positive covenants do not
the Charges Register). run with the land, if an indemnity
• Adoption - cannot guarantee won't covenant appears in the
happen in future, can make proprietorship register, the seller
frontagers pay will remain liable in respect of the
• The burden of the right of way positive covenant and so will
should be registered in the charges request a promise to comply with
register of the servient land. the positive covenant from the new
• If the seller gave an indemnity buyer of the property.
covenant, the buyer will also have • The official copies of a registered
to give a similar one when it buys title comprise three individual
the property and this will make a registers. In the order in which they
positive covenant indirectly appear in the official copies, these
(contractually) binding on the are the Property Register, the
buyer. Proprietorship Register and the
• It is the seller's solicitor who usually Charges Register.
drafts the contract. This is because • If a buyer pays the purchase money
the seller's solicitor has all the to two trustees, overriding interests
relevant information at the outset of will be overreached.
a transaction. • LLC: Planning permissions /
• CON29O - common land conservation area / listed building /
• An indemnity covenant given by the smoke control order
owners of the property. → • Common green: CON 29O Enquiry
Proprietorship Register, 22.
• Details of the owner of the property. • To deduce title of registered land,
→ Proprietorship Register you need official copies of the
• Rights of way benefiting the register, title plan, copies of
property. → Property Register documents referred to in the official
• County and district in which the copies where the relevant rights
property is situated. → Property have not been fully extracted.
Register • Example of not fully extracted: ‘The
• Details of any mortgage over the land has the benefit of a right of way
property. → Charges Register contained in a conveyance dated
• Details of a restrictive covenant 27 March 1970., A conveyance of
affecting the property. → Charges the land in this title dated 9 January
Register
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, notes by serenalky @ stuvia // https://www.stuvia.com/user/serenalky
1937 contains restrictive
covenants.’
• If there is a co-ownership restriction SGS 2 - Searches
in the proprietorship register then
the co-owners hold as tenants-in-
common.
• Caveat Emptor means buyer
• In the Proprietorship Register, you
will find restrictions requiring beware. A buyer buys a property
consent of mortgagee and names as they see it, so they cannot raise
of the Proprietors. any issues regarding the property
• To find out about right of way: once they have become
o Con 29 question 2 (any
contractually bound to the
adoption plans). purchase. Therefore, extensive
o Seller’s replies to CPSE
enquiries are made before the
enquiries (e.g. for purchase is binding so that issues
maintenance costs paid). can be addressed before the
o SIM to find out if the right of
purchase is binding.
• The time limit for planning
way land is registered.
o Highways search to see if
permission is 4 years and will run
the right of way adjoins the from the date when the works are
public highway boundary substantially completed.
• The buyer is permitted to raise
• On day of exchange, must:
o Ensure the deposit has
more questions once the standard
arrived from the buyer and pre-contract enquiries have been
is in cleared funds. answered. In fact, often, it is the
o Check the accounts actual responses to the enquiries
department has your which would lead the buyer to raise
instructions to send the further questions. However, once
deposit to the seller’s the buyer has exchanged contracts,
solicitor. they are committed to the purchase,
o Check you have the signed
so if questions are raised after
contract back from the contracts are exchanged and the
buyer. contract is binding, there is the risk
o Check the buyer’s lender (if
that the seller will not respond, but
there is one) has received the buyer will still be committed to
the draft CLLS certificate purchase the property. This is why
and has approved it. it is important to raise all necessary
o Check you have the buyer’s
enquiries before contracts are
instructions to exchange. exchanged.
• Must transfer TR1 when the • If in a conservation area, need to
Proprietorship Register reveals the check both the LLC1 and the CON
following wording “The Transfer to 29.
• The local authority may take
the proprietor contains a covenant
to observe and perform the proceedings for the breach of the
covenants referred to in the building regulations within 12
Charges Register and of indemnity months of any infringement.
in respect thereof” and the contract However, under S36(6) of the
incorporates the SCPC (Third Building Act 1984, a local authority
Edition – 2018 Revision) with no may apply to court at any time to
relevant amendments. enforce the regulations by
injunction.
• A company search is not required if
buying from an individual.
• Survey and Physical Inspection
undertaken by surveyor only.
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• The Buyer’s solicitor must send conservation area is likely to be
both the Buyer’s signed contract subject to more onerous conditions
and deposit to the Seller’s solicitor. than if the property was outside of
• The Seller’s solicitor undertakes to the conservation area. The GPDO
send the Seller’s signed contract to may be disapplied, so that even
the Buyer’s solicitor. minor alterations to buildings would
• Both the contract date and the require an application for planning
completion date are inserted into permission.
the contract at exchange of • Whether a road near the property is
contracts. maintained at the public expense.
• You don't need instructions from a → Local authority enquiries (CON
lender to exchange contracts on 29) and Highways Search.
behalf of a buyer. It is, however, • Whether the property is affected by
good practice to check that the subsidence due to mining activities.
lender is still happy to lend (i.e. → Coal Mining Search (CON 29M).
check with the lender once it has • Whether any building regulations
considered your certificate of title) approvals have been granted in
before you commit the borrower to relation to the property. → Local
exchanging contracts. Secondly, authority enquiries (CON 29).
although it is good practice to get • Whether there are structural
instructions in writing, you can problems with any buildings on the
proceed on the basis of an oral property. → Full structural survey.
instruction. You always should, • Whether the property is affected by
wherever possible, get oral a smoke control order. → Local
instructions later confirmed in Land Charges Search (LLC1)
writing, but that is a different point. • Whether the property is connected
• If you are instructed to draft a to a public sewer. → Commercial
mortgage deed on behalf of a Water and Drainage Search for
lender and a borrower, you commercial property, or a CON
normally cannot act in both parties' 29DW for residential property.
best interests. Consequently, you • With environmental liability, the
normally could not act for both polluter pays, but subsequent
paties who are negotiating terms in owners may also be liable
a document - see IB(3.3). • Enforcement period for conditions
• The Commons Registration Act attached to planning = 10 years
Enquiry is now included in the CON • To find out about right of way
29O at Enquiry 22, it used to be a o Con 29 question 2 (any
separate search. The CON 29 adoption plans).
Enquiry 3 relates to "other matters" o Seller’s replies to CPSE
which could affect the property. The enquiries (e.g. for
LLC1 is an application for an official maintenance costs paid).
search of the Register of Local o SIM to find out if the right of
Land Charges and would not way land is registered.
include any information on common o Highways search to see if
land. the right of way adjoins the
• The fundamental principle of public highway boundary
planning law is set out in section 57
of the Town and Country Planning
Act 1990: planning permission is
required for development. SGS 3 - Drafting of Contract
Development is defined in section
55.
• Any planning permission granted • If there is a Note in the
for development of the property in Proprietorship Register relating to
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