PP weak areas (SQE 2) Flashcards
What is caveat emptor?
What are the 2 exceptions?
Buyer beware - buyer takes the property as they find it
1) misrepresentation (cannot mislead buyer by concealing physical defects are answering Qs dishonestly
2) latent encumbrances (something which is not apparent, or cannot be discovered, when inspecting the property) and title defects (brings into question seller’s ownership, or rights and burdens that affect property)
Structure to show good root of title?
Adequately describes extent of property (e.g. scale plan)
Be dated more than 15 years ago (sale conveyance or legal mortgage preferable to gift or assent)
Casts no doubt on seller’s title (e.g. power of attorney)
Deals with legal and beneficial title (if silent then beneficial title assumed. If bare legal title or legal title only or declaration of trust - not a good root)
When investigating unregistered title, what deeds must be sealed?
If dated before 1 July 1990 (wax or paper disc)
When can you assume seller who is a surviving co-owner was a beneficial joint tenant?
- Conveyance from seller to buyer states seller is beneficially entitled to whole property
2.No memorandum of severance written to, or attached to, conveyance to seller - No bankruptcy order or bankruptcy petition registered against seller
What 4 standard pre-contract searches are there?
Local Search: enquiries of local authority (CON29) & search of local land charges (LLC1)
Drainage and Water Enquiries: public sewers & whether property is connected to a mains water supply
Desktop Environmental Search: indicates if land has been used for potentially contaminative uses; likelihood of flooding; natural subsidence; industrial land uses within 250m
Chancel Repair Liability: for properties in parishes
What does the CON29 standard enquiries of local authority reveal?
Planning consents, refusals & completion notices
Building regulations
Roads & public rights of way: whether roads adjacent to property are adopted
NB Highways Search: exact boundary between property and highway
Contamination: whether local authority has served a notice regarding contaminated land - consider this with Desktop Environmental Search
What does the LLC1 search reveal?
Whether planning permissions or consents have been granted
If the property is in a conservation area
Tree Preservation Order
Smoke control order
Listed Building Charge
When is a Cheshire Salt search necessary?
When is an Environmental Phase 1 Survey necessary?
When is an Environmental Phase S Survey Necessary?
What is a Flood Search?
When is a utility providers search necessary?
Property is in area that could be subject to brine subsidence
More detailed than a desktop environmental search, including a site inspection
Where the Phase 1 Survey indicates a risk of contamination
Reveals whether there have been floods in the past
Property is a new development or a site for development
Checks whether the site has benefit of utility providers
What is a Index map search (SIM)
Where property is unregistered, or comprises more than one title (reg or unregistered), or reg title refers to mineral rights
The index map search shows the extent of registered titles and unregistered land within the area searched.
What is a certificate of lawfulness?
Confirms where work does not constitute development or falls within GPDO
When is planning permission required?
When is building regulations approval required?
When development on land, unless:
-only affects interior
-do not materially affect external appearance
-same use class
Applies to building work:
-erection or extension of building
-installation or extension of service or fitting controlled under building regs (e.g. windows or boilers)
-Work required where material change of use to whole building
Building Regs - relate to health and safety
What is needed regarding a listed building?
Listed building consent
When can solicitor act for both buyer and lender? When not? Why?
Residential transactions - risk of conflict is low
Comm - should not - more potential for conflict (interests will differ)
In SCS and SCPC, who does risk pass to on exchange? meaning?
The buyer - if property is damaged or destroyed, buyer must still complete (should obtain insurance from exchange)
What types of breaks clause are there?
Landlord break
Tenant break
Mutual break