100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary LPC BPP Property Law and Practice (PLP) exam structure £3.69
Add to cart
Quickly navigate to
Preview
  2.  
  3. BPP University College Of Professional Studies Limited (BPP)
  4.  
  5. Property Law & Practice

Summary

Summary LPC BPP Property Law and Practice (PLP) exam structure

 12 purchases

This document provides detail on how to answer questions in a PLP exam at BPP university in order to obtain a good mark. Colour coded for ease of reference.

Preview 3 out of 19  pages

Document information

  • April 27, 2022
  • 19
  • 2021/2022
  • Summary

Subjects

Written for

All documents for this subject (9)

Seller

avatar-seller
jennm

Reviews received

Content preview

PLP exam structure

Possible set up of exam

 Q1-6: MCQ’s
 Q7: Issues raised in documents e.g. official copies, replies and memorandum
 Q8: Amending of Sale contract, TR1 form or repair covenant in lease
 Q9: Pre-completion steps, completion, post completion
 Q10: Grant of underlease
 Q11. Works to the property (tenant/landlord)
 Q12: Tenant’s s.26 notice for new lease, landlord’s s.25 notice

 When asked to identify issues in a memo, official copy and replies follow this
structure:
1.State the issues in the memo

E.g.

2.State the issues in the official copy, starting from the property register and then move on to the
proprietorship and charges register.

E.g.

Issues in Official copy

There are no issues in the Property register however there are issues in the Proprietorship register.

Issue

The proprietorship register shows that there is a mortgage on the property which will be an issue for
the buyer.

3.State how issue can be resolved

The mortgage needs to be removed before our client can be registered as the new owners. The
mortgage must be redeemed (paid off) by Seller and removed from the Proprietorship Register or
client will buy the property subject to the mortgage.

The charge can be removed by:

• Buyer’s solicitors obtaining Form DS1 from Seller on or immediately after completion +
submitting to Land Registry: the DS1 and an application to register Buyer as the new owner
or

• Seller’s lender sending an e-DS1 direct to Land Registry when it receives all money to pay off
the loan on completion.

• Bank’s consent is needed for sale of part of a property but not for sale of the whole.

Issue

There is a restrictive covenant in the Charges register created in 1969 that no external alterations
can be made to the property without the written consent of the PWB.

,MK wants to knock through the external wall of the building so they will need to obtain consent
before carrying out their alterations or else they will be in breach of the restrictive covenant.



Issues in Pre-Contract Enquiries

E.g.

The reply in 5.1 shows that nobody has applied for restrictive covenant insurance which is likely to
be because the restrictive covenant has not been breached in the past.

MK needs to seek a quote for the restrictive covenant insurance first.

The remedies for future breach of a restrictive covenant are for the Buyer to seek restrictive
covenant insurance before carrying out works. Solicitor giving advice will need to comply with
s.19(1) FSMA which states that: No person may carry on a regulated activity in the United Kingdom,
or purport to do so, unless he is (a)an authorised person; or (b)an exempt person. This means that
when giving advice to the Buyer in relation to restrictive covenant insurance, it must be in line with
the provisions of s.19(1) FSMA.

The covenant was created in 1969 so it is likely that restrictive covenant insurance is likely to be
available but if it is not available or is too expensive, the PWB must be traced. If this is unsuccessful
then there is a possibility of having the covenant removed by the Upper Tribunal (Lands Chamber).
However, this is time consuming and expensive.

 When given a question in the exam dealing with a right of way, go through the
following:
AMAR: Adequacy, maintenance, adoption, registration

1. State whether the right of way is adequate for the buyer’s purpose. Discuss whether it is also
physically adequate.

E.g.

Adequacy

The right of way is free from restrictions as it can be accessed at all times of the day “with or without
vehicles”. Therefore, it will be adequate for RPL’s purpose as they wish to have access during the day
with their delivery trucks.

However, we must also consider its physical adequacy: is Beaufort Lane wide enough and strong
enough to support the types of vehicles which will be driving to and from Elton Hall? It is likely that
RPL’s staff would travel to Elton Hall by large vehicles such as coaches, buses and people carriers, so
RPL should consider taking advice from its surveyor as to the suitability of Beaufort Lane in its
current state for such traffic.

If the right of way is inadequate, follow this structure:

1b. State why the right of way is inadequate

E.g.

Beaufort Lane is too small to fit the trucks so will need to be widened

, 1c. State what the buyer needs to do

E.g.

RPL would need to negotiate a deed of variation of the easement with the owner of Beaufort Lane
(servient land owner). RPL 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. In addition, there is no guarantee that the
owner of Beaufort Lane would agree to a deed of variation on terms that are acceptable to RPL. So,
if from RPL’s perspective, the need for a deed of variation is a ‘deal-breaker’, RPL would need to
secure a binding commitment from the owner of Beaufort Lane to grant any deed of variation before
RPL exchanges contracts with the seller of Elton Hall.

2. State whether there is anything to be maintained

E.g.

Maintenance

The enjoyment of the benefit of the right of way in the Property Register is subject to the owner of
Elton Hall paying a fair proportion of the cost of repair and maintenance of Beaufort Lane.

As no set figure has been mentioned, a query will need to be raised with the seller about how much
historically has been paid. We may ask the seller for details of payments made for the last THREE
years.

3. State whether or not the local authority has plans to adopt the road

E.g.

Adoption

A Con 29 search is needed to determine if there are any plans for the local authority to adopt
Beaufort Lane which is the private road (turn it into a public road).

4. State whether or not the right of way is registered and where this is found

E.g.

Registration

The official copies of BM561374 (Document 62a) reveal that the burden of the right of way over
Beaufort Lane is registered against that title in the Charges Register.

4b. State why the fact that the right of way is registered is good for the buyer

This is good news for RPL, because in order for the right of way to be enforceable by RPL, the
burdened land needs to be incumbered in this way.



*Note: If right of way was not registered, state that “as the right of way is not registered, a caution
against first registration over the burned land must be submitted to the land registry”.



Analysing Official copies

1.State the types of roads that appear on the official copy

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller jennm. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £3.69. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

69052 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling
£3.69  12x  sold
  • (0)
Add to cart
Added