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LPC BPP PLP Consolidation Notes (Lecture + SGS)

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Consolidation notes covering the entire PLP module at BPP: For freehold: - Investigation of Title - Pre-contractual searches - Exchange of contracts - Post-exchange and pre-completion - Completion - Post-completion - Professional conduct issues For leasehold: - Security...

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  • April 19, 2022
  • 74
  • 2021/2022
  • Other
  • Unknown

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Georgie Clayton 2022©


PLP – Consolidation (long form questions)
Identify – what is the issue?

Explain – why is this an issue (considering the client’s specific circumstances) – don’t be afraid to state the obvious

Resolve – offer advice/ suggest solutions / if more than one, suggest which is the best


Investigation of title
!/!: When investigating title, remember that inspection of the official copies alone will not suffice. As such, supplement your answers with relevant responses in the CPSEs and other searches you are provided with.

Good exam technique:
1. Take each document and list the points revealed
2. Sort the information from the documents into categories and address each in turn



What is the issue? Why is this an issue? How this will affect the contract How will this affect the TR1


 When referring to the official copies = How can this be resolved?
refer to the Register concerned + entry
number.


 When referring to anything else = refer
to paragraphs etc.




Death of co-owner resulting in one surviving “[] cannot sell the property by himself (unless he was the sole beneficiary of [DEAD TiC name]’s beneficial interest in Surviving tenant in common and Panel 4 TR1:
TiC property under her will). trustee must sign the contract and o As sole surviving TiC
execute the purchase deed. cannot sell alone, both the
surviving TiC and the
“According to the Proprietorship Register, “Indeed, while the legal estate automatically passes to the surviving TiC, the equitable interest does not necessarily. second trustee will need
the registered proprietors are [] and []. The doctrine of survivorship does not apply.” to be included here.
However, the [DOCUMENT] suggests that the
seller is [] only, suggesting that [] has died.”
“Ensure that a second trustee is appointed to receive the purchase monies with [] thereby overreaching any beneficial Panel 11 TR1:
interests in the property.” o “For the purpose of giving
“The restriction at entry [NUMBER] of the a valid receipt for the
Proprietorship Register shows that the purchase price, [NAME OF
couple held the property in equity as TiC. It “You will need to see an official or certified copy of []’s death certificate.”
SOLE PROPRIETOR]
does not actually say that they held as TiC (‘Current Trustee’) in
but it does say that “no disposition by a sole exercise of the power
“The LR will want to see the deed of appointment of second trustee which is usually done in the TR1.”
proprietor” and a sale by a sole surviving TiC under section 36(6) of the
will not overreach the beneficial interests in Trustee Act 1925 appoints
the property.” [NAME OF ADDITIONAL
TRUSTEE] to be a trustee
of the Property with the
Current Trustee.”


1

, Georgie Clayton 2022©




Death of co-owner resulting in more than
one surviving TiC
Surviving tenants in common must Panel 4 TR1:
execute the contract and purchase o As more than one
“According to the Proprietorship Register, “You will need to see an official or certified copy of []’s death certificate.” deed surviving TiC, both the
the registered proprietors are [] and []. surviving TiC’s names will
However, the [] suggests that the sellers are need to be included here.
“As there are two surviving TiC, there is no need for a beneficial interest to be overreached.”
[] suggesting that [] has died.”


“The restriction at entry [NUMBER] of the
Proprietorship Register shows that they held
the property in equity as TiC. It does not
actually say that they held as TiC but it does
say that “no disposition by a sole proprietor”
and a sale by a sole surviving TiC will not
overreach the beneficial interests in the
property.”




Panel 4 TR1:
o As a sole surviving JT, the
Death of a joint tenant resulting in one “Under the doctrine of survivorship, the legal estate and the beneficial estate automatically pass to the surviving JT. As Sole surviving JT must execute the rules of survivorship
surviving JT such, [] has the power to dispose of the Property”. contract and purchase deed. allowing him to sell alone
so solely JT name ok.
“According to the Proprietorship Register, “You will need to see an official or certified copy of []’s death certificate.”
the registered proprietors are [] and [].
However, the [] suggests that the sellers are
[] suggesting that [] has died.”


“There is no ‘TiC’ restriction at entry on the
Proprietorship Register, i.e., nothing to the
effect of “no disposition by a sole
proprietor”. As such [] and [] held the
Property as JT.”




Death of a joint tenant resulting in more “Under the doctrine of survivorship, the legal estate and the beneficial estate automatically pass to the surviving JT. As Surviving JT must execute the Panel 4 TR1:
than one surviving JT such, [] and [] have the power to dispose of the Property”. contract and purchase deed. o As more than one
surviving JT, the names of


2

, Georgie Clayton 2022©

“According to the Proprietorship Register, “You will need to see an official or certified copy of []’s death certificate.” all of the surviving JT will
the registered proprietors are [] and []. need to be included here.
However, the [] suggests that the sellers are
[] suggesting that [] has died.”


“There is no ‘TiC’ restriction at entry on the
Proprietorship Register, i.e., nothing to the
effect of “no disposition by a sole
proprietor”. As such [], [] and [] held the
Property as JT.”




Seller has qualified title or possessory title “You will need to let your client know as this could cause restrictions on the buyer’s proposed use of the property, Panel 9 TR1:
e.g., if a mortgage is required to buy, the mortgagor might not lend if risk that seller is not the actual proprietor:  Tick “limited title
guarantee”




Mortgage “This is an issue for the buyer because the mortgage will need to be redeemed (paid off) by the seller and removed
from the Charges Register or the buyer will buy the property subject to it”.

“There is a mortgage on the property”.
“Prior to completion, the buyer will obtain an undertaking from the seller’s solicitor to forward to the lender the
completion monies as required to discharge the mortgage (once received by the buyer’s solicitor) and forward to the
“There are 2 entries [ENTRY NUMBER] on the buyer’s solicitor the DS1 or evidence that a e-DS1 has been filed at the LR, once the DS1, such evidence has been
Charges Register, one stating the date of the received by the lender”.
mortgage deed and one the name of the
mortgagor, i.e., the bank.”
If the exception to consent applies, i.e., sale of the whole:

“It also appears as a restriction on the
Proprietorship Register at [ENTRY NUMBER] “[Despite what the restriction says, in this situation no consent from the bank will be required pursuant as this is a sale
preventing the owner from dealing with the of whole. The restriction will be removed once the LR has been satisfied the mortgage has been redeemed”.
property without the consent of the
mortgagor.”


!/!: Exception to consent: if there is a
complete sale of the whole of the land and
the whole mortgage is discharged then this
consent isn’t required as the mortgage will
be automatically removed by the LR when it
receives the DS1 or e-DS1.




3

, Georgie Clayton 2022©



Right of way (RoW) “This is the only means of access to the Property. As such, the question is: is this RoW sufficient for the client’s needs
so that the client can fully enjoy its ownership of the property?

“Property has the benefit of a right of way
which is shown in [] on the filed plan] and To assess this, one must follow the AMAR:
can be found at Entry [] of the Property
Register”.
A: is the RoW adequate for the client’s needs?
 Time: at the time it wants


!/!: if the property abuts a public highway  Means: by all means of access it requires (e.g., by motor vehicles as well as on foot)
(which most properties do), owners can
access the property w/o having to cross a
third party’s land = no need for a private  Physical: in terms of size, location, construction
right of way.
 Free from any other unacceptable restrictions or conditions = does it depend on the reasonableness of someone
!/!: if there is a right of way, you would also else?
undertake a Highways Search, to identify the
exact boundary between the public highway
The RoW in the Property’s Property Register is….
and private land.
 Free of restrictions: [free of restrictions in terms of when it can be used [add in what the RoW says] and the
means of access [add in what the RoW says]


o The existence of the RoW must be reported to the buyer, but from a simple analysis of its wording
on the Property Register, it would appear to be adequate for buyer’s purposes.


o But we must also consider its physical adequacy: is the road strong enough, wide enough to
support the buyer’s activities? [APPLY] Buyer should consider taking advice from its surveyor as to
the suitability of [PRIVATE ROAD NAME] in its current state.


 Not free of restrictions: [not free of restrictions in terms of [STATE RESTRICTIONS REFERRING BACK TO
WORDING ON PROPERTY REGISTER] e.g., the hours of use/ the means of access/ the physical adequacy (not
wide enough e.g.,)


o (if the RoW states ‘reasonable’) [Ask the seller whether they have encountered any problems in
exercising the RoW in the past and if only recently bought, whether there are any replies to its
enquiries when it bought the property].


o You must check with the buyer to see if any of these restrictions on the RoW will adversely affect
the buyer’s proposed use of the Property.


o If so, buyer will need to negotiate a deed of variation of the RoW with the owner of the [SERVIENT
LAND]. Buyer is likely to have to pay the owner of the burdened land consideration for any such
deed of variation as well as their legal costs.


– Also, there is no guarantee that the owner of the private road would agree to a deed
of variation on terms that are acceptable to the buyer.

4

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