Summary
Property Law and Practice LPC Revision Summary
- Module
- Property Law
- Institution
- Liverpool John Moores University (LJMU)
Property Law and Practice LPC Revision Summary for paper 1 and paper 2 key topics
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PLP REVISION –Exchange of contracts
Date on contract on exchange
Difference between a b c
Chain – c
Grant of probate – standing in shoes of deceased because cannot sell so PRs sell – own legal
estate now and have to be the seller of the contract – probate
Power of attorney – legal estate never leaves you – someone signed on behalf, away,
incapacitated etc – whoever owner of land is still owner of the land – power of attorney just
there to sell so no change of ownership of legal estate with power attorney -sgs 6 and 12 –
transferor is still the seller with power of attorney – on transfer deed attorney signs but
seller’s name still the registered proprietor – legal owner of the land
Searches –
Pre contract – locality inspection on both and company searches on both
pre completion – checking title -OS1 OS2 LLC1 , C1,C4 – checking title not locality (pre
contract = locality) updating still legal owner to do with title – company search – still in
existence bankruptcy , buyer not bankrupt
Investigation of Title –
Checking current legal owner of the land is named in the contract for sale – whoever on title
documentation person named on the contract = correct person selling the land
Registered land – proprietorship register tells you who owns land – provided no one’s died – person
named are legal owner and should appear on contract of sale for seller and would be transferor on
transfer deed – as long as reg name on proprietorship register as on contract
DIES – registered land = restriction on register issue
Sole owner –
sole owner of reg land dies – nobody to put on contract so land cannot be sold unless PRS
appointed = need grant of probate and grant of representation etc – authority to act by
getting the grant and then look at proprietor register = need grant of representation/
probate – those names should be on contract of sale. ALWAYS looking for who owns legal
state in land – only need one personal executor to sell land –
Joint tenant dies –
Only Mrs jones will appear In contract of sale and need to see death certificate and acquired
interest by right of survivorship
Tenants in common –
Restriction In proprietor register – need to appoint a second trustee – contract should
include second trustee – and Mrs jones – cannot sell alone
Trust is continuing when one dies so need to appoint a second trustee (becoming legal
owner of the land for a very short period to be able to sell) makes second legal owner of
land – 2 trustees to give receipt for money etc
Co – owners – need to say if joint tenants or tenants in common
Extension ? no alterations? State issue – explain why issue – what do about it
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