Great summary of the PLP module at BPP. Runs through SGS by SGS of everything that is examinable. It also has structures to all possible exam structured questions for example the lease part of module. Tried to make document as short and snappy as possible but certainly has enough detail to do very ...
Pre-exchange
Investigating official copies
Title investigation:
What is the issue? E.g restrictive covenant/positive covenant
Why is it an issue to the client? E.g whats happened in past/future plans?
Resolve the issue E.g Insurance, ask PWB for consent, Upper Tribunal
Property register:
-Description of the property- freehold/leasehold and check extent of property is correct
-Easements benefitting property:
Does the property abut a public highway? CON 29 to check that the adjoining road is
public and a Highways search to check it directly abuts the property if not then it is
essential a right of way is sufficient for client use as is only means of access
Adequacy –can client access a property at all times, by all means it
requites, free from any restrictions or conditions and physically adequate in
terms of size, location and construction (if not adequate then may need
deed of various of easement with owner of burdened land which may come
at cost)
Maintenance- information contained in the CPSEs or if not given then would ask
questions to the seller with regards to maintenance payments (common to ask for
pervious 3 years)- as PWB will pay fair proportion of costs to repair and maintain-
surveyor to check no maintenance needed
Adoption- CON 29 Q2- has it been adopted or not? If not then may be in the future by
council and made into public highway-might come at a cost to the client which can be
expensive as client may be borne by the frontages
Registration- check whether right of way has been reg on the burdened land (if SIM
shows it reg land check the burden has been registered on the Charges register of
Title Number or if unreg land then check there is a caution against first registration
over burdened property and if not ask seller solicitor to register this)- if not
registered then include special condition within the contract requiring seller to do so
-Excluded Rights- someone else own something on land e.g fishing, mines, minerals
Proprietorship Register:
-Class of Title- Title absolute?
-Name of registered proprietors- if individual co-owners revealed and one has died then
need to check if tenancy in common restriction- if so, need to ensure second trustee is
appointed in TR1- also check that name is correct with HoT provided (if not do CH search)
-Indemnity covenant
-Restrictions e.g tenancy in common/lender
Charges Register:
-Restrictive covenants ‘to not do X’:
Any current or past breach by seller (but if stopping no problem if not complaints in
CPSEs)? RC run with the land and automatically binding as they ‘touch and concern
land’- Tulk v Moxhay
Remedies (the older the covenant/breach- more reasonable the costs for insurance):
restrictive covenant insurance- special condition in contract (must comply with s19
, (1) FSMA), consent/release/modification by PWB (may be costly and discretionary-
not before investigating the feasibility of insurance) or Upper Tribunal (no guarantee,
time consuming and expensive)
Future breach planned by buyer? – remedies same as above however insurance will
be more expensive
-Positive covenants- ‘to do X’:
Is there an indemnity covenant in the proprietorship register? If so, the covenant will
bind the buyer- SCPC 7.6.5 requires a buyer givens an indemnity covenant in the
transfer but if there is not then they are not binding as they do not run with the land
Current breach by seller?
Remedies: require seller to remedy breach/reduce price, if breach is irremediable,
possibility of insurance and release from PWB
Future breach by buyer? Advise of possibility of enforcement/investigate insurance
(at buyers expense)/release from PWB
-Mortgages:
Seller’s solicitor undertaking in respect of any outstanding charges on the property
which need to be discharged as follows:
To remit the funds required to redeem the charge to the lender once received
from the buyer’s solicitors; and
To forward evidence of the discharge to the buyer’s solicitor once it is received
from the lender in the form of DS1 (for unreg land- evidence of discharge is
receipted mortgage)
Searches and investigations
Always carry out:
-Inspection/survey (done by buyer/their surveyor)-physical inspection of property and
ensure a full structural survey taken because of ‘caveat emptor’ (buyer beware)
-Pre-Contract Enquires of Seller (CPSEs)-
-Local authority search: Local Land Charges Search (LLC1) and Local Authority Enquiries
(Con 29) ^
-Commercial Drainage and Water Search
-Environmental desktop search e.g Homecheck- assess risk of being an environmental issue
and risk of flooding
-Chancel repair
-Index Map Search- check whether properties are reg/unreg
-Highways search- check property abuts public highway and identify boundary between
public highway and private land
Other searches that may be appropriate:
-Local Authority search optional enquires (CON29O)
-Mining (CON29M)
-Company House- seller/buyer (additional if acting for lender)
-Waterways/Environment Agency
-Full environmental survey (follow up to desktop- phase 1/phase 2)
Planning:
, -Has seller carried out WORKS or ALTERATIONS? Or, are there proposed alterations by the
buyer?
Is planning permission required?
-Planning permission required for ‘development’- s57 (1) TCPA 1990
-Are these building works as included in the definition of ‘development’ in s55
(1)/s55 (2) (a) TCPA?
-Are the works covered by GDPO? Or is application needed for PP?
-Is the area in Conservation? If so, was GDPO disapplied?
Building regulations approval needed? Buildings Regularisation Certificate?
Listed Buildings consent needed?
-Has seller changed use? Or, is the buyer proposing to change use?
Is planning permission required?
-Planning permission required for ‘development’- s57 (1) TCPA 1990
-Is this a ‘material change of use’ (change of use from one class to a different one) as
included within the definition of development at s55 (1) TCPA?
-If change of use is within same use class no PP needed-s55 (2) (f) TCPA/Art 3 (1)
TCP (UC) O 1987
-If change from one class to another, is changed covered by GDPO? If not, application
for PP is needed
-Local Land Charges Search:
Past building works and changes of use (with or without PP) need to check to see if
enforcement periods have expired
If buyer may be liable, check when works carried out and see if time to bring
enforcement has expired:
-Building works without PP= 4 years from substantial completion
-Breach of condition in PP= 10 years from date of breach
-Material change of use (unless change is to single dwelling house which is 4 years from
date of change)= 10 years from date of change
-Building regulations= no time limit for enforcement (because of unlimited time a
solicitor can be held negligent for not checking whether the seller actually obtained
building regulations approval-Cottingham)
-Building consent= no time limit for enforcement
Look at for granted PP
Conservation Area- has GDPO been disapplied by an Article 4 Direction?
Listed Building-may disapply parts of GDPO e.g fence in Class A Part 2 Sch 2
BUILDING REGULATIONS NOT COVERED in LLC1
-CON29:
PP and Building Regulations- reveals whether refused/granted (subject to
conditions)- must see full copies of each permission before exchange of contracts to
check whether conditions imposed as enforcement period
Roads- adoption
Public rights of way e.g footpath
Other matters e.g contaminated land- liable for clean-up costs and full environmental
survey likely to be needed
Designated Conservation Area- if PP granted then likely to be subject to stricter
planning conditions and Article 4 Direction disapplying GDPO (Part 2,Sch 2) likely
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