Property Law and Practice notes - BPP Law School - High Distinction Level notes! In-depth and necessary notes. I've done all the reading and made the notes so you don't have to! I've set out the reading in a more manageable manner, with structure, colour codes and examples.
This will be deduced by the seller’s solicitor collating all the title documents and ensuring the
seller owns the property
Then sending these documents to the buyer’s solicitor – usually with a draft sale contract
‘Title Documents’:
Official copies of the register
Title plan
Copies of any documents referred to in any of the official copies of the register
--
Investigating title to registered land-
Buyers solicitor will provide the buyer with a ‘Report on Title’ - with a view to reporting that the
property has good & marketable title
The buyer’s solicitor should also check for any unregistered 3 rd party interests
The official copies-
The official copies of the register actually comprise three separate registers:
Property Register: describes the property and rights benefiting the property;
Proprietorship Register: gives the class of title, the owner’s name and address and entries
affecting the owner’s right of disposal; and
Charges Register: lists “charges” burdening the property i.e. third party rights over the
property (e.g. mortgages, positive covenants and restrictive covenants, leases or the burden
of easements).
The Property Register-
Describes the extent of the property
Any rights benefiting the property
Description of the property-
Will be described by the address in the Property Register and by ref to the title plan
Title plan must be forwarded to the buyer
We must ensure the buyer can access and use the land as they intend
Check boundaries corresponding with what the buyer is expecting
Rights benefitting property-
Will be extracted on the property register
o (no need to find the original document creating the right)
, o The entry in the Property Register will not refer to maintenance if the deed of
easement is silent as to any maintenance obligations
If the right is not extracted –
o Here you must get a copy of the document in order to know what this right is; may
be that it is set out in docs annexed to the register
o Copy document will be filed at Land Register
-
Right of way - The most common form of easement
If it is included in the Property register, the buyer’s solicitor must consier and advice on the following
Adequacy – for the clients purposes
o Where not adequate & adversely affect cliens intended use– eg: there is a time limit
etc, then parties will need to negotiate a deed of variation w/ person w/ burdened
land
Maintenance - will the buyer be liable to contribute to this right of way
o Ask seller if they have been doing so & ask for last 3 years history of such
o Warn seller than contribution for maintenance may be possible even where seller
did not
If none – ask surveyor for estimate
Adoption – advise on possible future costs of adoption
o as if it is not of an adoptable standard, buyer may be liable to contribute to bringing
this up to this standard
o You can search if Local Auth are doing/ plans to do so – CON 29 search
Registration -
o Benefit must be registered in the Property Register of the benefitting land
(Dominant)
o Burden is registered in the 3rd party burdened land (Servient)
o carrying out a search of the index map (‘SIM’) which is a search of the Land Registry
mapping records. If the SIM result shows that the burdened land is registered, then
you would need to get an official copy of the burdened land’s title to make sure that
the burden of the right of way has been registered in the Charges Register of that
title.
o If it is not there, then you would need to make sure that the seller gets the burden
of the right of way registered in the burdened land’s Charges Register before
completion.
o If the burdened land is unregistered, a caution against first registration would need
to be entered against the burdened land
o
Right to lay pipes for water and sewerage-
Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011
ownership of all private sewers serving more than one property and lateral drains* that are
connected to the public sewerage system was transferred to the various statutory sewerage
undertakers (e.g. Thames Water). The statutory sewerage undertakers are now responsible
for maintenance and repair of these sewers and drains. Responsibility for drains located
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