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.
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
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