DISTINCTION GRADE advocacy prep and SCRIPT for Workshop 7 (both Case Studies for Claimant and Respondent) for 2023. Includes everything you need to know for the Advocacy exam. Simply written and easy to understand.
UNIT 1 – SITE ACQUISITIONS
PREPARATORY TASK 1
Consider the cost, timescale, layout of new buildings of development site and
Transport links and service infrastructure of the development site.
British Ordnance (BO) knows that the land with worth a lot of money. 38 acres. Very
close to the city center and has good rail links. Keen to close a deal quickly. Possible
contamination, desktop enviro searches and other soil investigations. River close by,
should consider risk of flooding also with the marshland. Prior agricultural use could
also raise risk of contamination. Cost of demolition. BO is keen to close a deal
quickly. Has been closed for 10 years. Planning permission for change of use –
nearby residents may complain.
Describe what Third party owns right to mines and minerals, client will be compensated.
entry says
Explain Could cause subsidence if the mining goes wrong.
potential Mining could start again - could cause tremors and inconvenience. If they’re
impact on developing the site- could cause disruptions. Limit the client’s ability to object
client to the works, if there is damage- the holder of the works will be on the person
doing it.
Action required Tell the client the mines are excepted (not included in property) That
excavation could start again. Who owns those rights to mining? Outstanding
land policy?
Has it been exercised recently? Amount of damages paid?
Ask the holder the right if they have any plans to mine in the future.
Search- Mines and Minerals Search- possible licenses that have been
granted.
Identify entry Entry 3 – Property register.
Describe what Vendor ‘may divert the stream, and if the said stream shall be diverted by the
entry says Secretary of State, shall construct and for ever maintain, a ditch to carry away
the water.’
This is a positive covenant- buyer to dig and maintain the ditch if it’s moved.
Is the client bound by this? - would depend on whether there is chain
indemnity in place on the proprietorship register. We can’t rely on what it says
on the indemnity entry on the proprietorship register as it only covers what’s on
the charges register.
Can use Hallsall v Brizell - that if you have the benefit, have to submit to the
burden. Would be in the best interest to maintain it for the client to prevent risk
of flooding.
Action required Inform client. Ask seller - Has the stream been maintained? Has it been
moved? Where is the location of the culvert?
NOTE: Copy plan filed - this means that we can get the copy from the seller
initially/land registry. This could give us the location of the culvert.
Inspection of the culvert - is it in good condition?
Maintenance obligations - what maintenance have they done? What works
have been carried out? How much did it cost?
Any kind of water - commission of flooding search and ask the seller.
,Identify entry Entry 4 – Property register.
Describe what Removes the right of light
entry says Deed of Exchange, no right to light or air from areas to 15, 16,17. Find where
this is on the map. 15 in the corner (relates to this part of the site).
Explain This means that someone else can build on the land adjacent and then they
potential would be able to obstruct the right to light and air. Might alter the development
impact on of the site - the layout. They couldn’t get a prescriptive easement.
client
Action required Inform client. Might have to rebuild the offices or rejig it so that the warehouses
of the offices are in the spot where there’s no right to light. Is there any
development there already?
Charges Register
Identify entry Entry 1 – Charges register.
Describe what It’s a restrictive covenant of 10 and 11 of the land. Not on the main site.
entry says Restricts the use of items of 10 and 11 - restricting to the use only of the
construction, repair and maintenance of the footbridge over the railway.
There is also a positive covenant - this is supported by the personal indemnity
covenant in the proprietorship register.
Explain Client may not be as concerned as it is not on the main site but would still
potential need to inform the client. And also, risk of potential claim for ongoing repair
impact on liability (likely to be bound by the covenant).
client
Action required What maintenance has been carried out? Whether we can negotiate the
removal of it? Maybe the railway company would want to take it of their
hands?
Potential for selling it off. Want to know the exact location of the path and
footbridge? Can be look at legal indemnity insurance for this path?
Identify entry Entry 2 – Charges register.
Describe what Deed of grant (for overhead electricity plans) granting the rights associated
entry says with electricity cablesright to access, inspect and repair. Not in possession of
the abovementioned planned.
, Explain May affect the layout of their plan? Where are there cables going to be? No
potential right to terminate or have a timescale for the right.
impact
Action required Enquiries about the electricity board. May need to be renegotiate these cables-
are they fixed/ present or not present. Have they been installed? Can the lines
be moved? Obtain a copy of the plan from the Land Registry (says Copy Plan
Filed) Have there been any disputes- ask seller Have the cables been
maintained in line with covenants. Site visit? Since the cables are so far
removed from the site - can they be removed?
Identify entry Entry 3 – Charges register.
Describe what There is a burden of a lease on the property set out in schedule of leases.
entry says Does it affect the whole or part of the title? Looking at the plan- the purple
edging covers the whole extent of the main site. Therefore, it’s for the whole of
the site (granted for 25 years)
Explain Lease will have an impact on the development. Client will want the site with
potential vacant possession (need to get it surrendered). Seller may not be able to do
impact on this before exchange.
client Alternatively, a term in the contract, that it will be surrendered after completion.
How easy the surrender is depending on the tenant. If intercompany, it is
relatively easy. If its third party- might be more time consuming.
Action required Identity of the tenant- from the leasehold title on the register Ask seller to
confirm who is the tenant. Ask the seller to terminate the lease, preferably
before the exchange.
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