Property Practice - Due Diligence 2 Flashcards
Development s55 TCPA 2000
Building, engineering, mining or other operations in or over or under land or making of any material change in use of any buildings or other land.
Not maintenance, alteration which affect only interior of building.
Exclude change of use within same class of use.
B2 - general industrial
B3 - storage and distribution
C - residential uses (hotel C1) (dwelling houses (C3), house in multiple occupation (C4_
E - commercial business and service
a) - retail sale of goods
b) sale of food and drink for consumption on premises
c) financial and professional services
g) uses which can be carried out in a residential area without detriment to its amenity
F - local community and learning F1 local community (shops)
Wales
A1 - shops
A2 - financial and professional services
A3 - food and drink
B1 - business
B2 - general industrial
B8 - storage and distribution
C -
1 - hotels
2- residential instutiions
3 - dwelling house or main residence
4- houses in multiple occupation
5 - dwelling houses not sole of main
6- short term lets
D - non residential institutions (D1)
assembly and leisure (D2)
Sui generisis - adverse effects on locality, entertainment establishments.
Benefit carries on forever. England three years until lapse, Wales five.
GDPO
automatically granted.
Extensions etc..
Secretary of State may issue Article 4 to exclude.
In doubt certificate of lawfulness of proposed use or development under s192 of TCPO 1990.
LPA has to issue if satisfied improvements would not be development.
Enforcment
Right of entry
Or serve planning contravention notice.
Enforcement notice - effective 28 days after service, served on owner and any interests in land.
planning must be applied for
Stop notice - 28 days only, enforcement served first
Breach of condition notice - no right to appeal.
Injunction - expedient and necessary
Four years for opertional development
four for change of use to single dwelling house
ten years from date of breach for all other breaches.
Punished by fine for failure to comply.
Building regulation control
Inspected by building control officer.
Health and safety of buildings.
issue certificate of compliance.
Local authority can sue within 2 years. enforcement up to 1 year. Injunctions not time limited.
Checked by C0N29.
Conservation and listing
Listed - Grade 1 2 and 3.
Need listed building consent to demolish, even for internal alterations. Express permission required
Conservation areas - tree notified six weeks in advance to LPA. Same as listed.
Unregistered title
Look at pending registration of if been registered. Someone may have cautioned.
Registry will ‘warn off’ give notice to cautioner.
Index map search on SIM.
Conveyances, mortgage assents.
Good root of title -
-deal with legal and equitable interest
-contain recognisable description of land
-be at least 15 years old.
Best conveyance on sale or mortgage.
Conveyance more preferable.
WHEREAS (stating seller seised of the property) and beneficial owner … unto the purchaser. Deals with legal and equitable.
Unbroken chain of ownership,
Description of land
Stamp duty - practitioner text should be consulted
Incumbrances -
EXCEPTING and RESERVING - reserving an easement.
SUBJECT TO.
Execution
-be in writing
-clear on face it is a deed
-signed by person granting interest in presence who attests
-be delivered as a deed.
K15 against each estate owner for period that owed.
If doubt all the way back to 1926.
Issues revealed
Easements - TOGETHER WITH
Remember Halsall v Brizell (must contribute if want o use)
Mines and minerals -
Declaration as to light - may retain a property near by. Sell property subject to developing other property meaning sale property has no right over light and air.
Co-ownership
2 people joint tenancy (legal)
Equitable tenancy in common or joint tenants.
Registered - no disposition by a sole proprietor.
Joint tenancy assume not served if ;
no memorandum of serveance
no bankruptcy proceedings against either of joint tenants at Land Charges Registry.
Transfer by surviving joint owner to buyer contracts statement survivor is solely and beneficially entitled to the land.
Remember overreaching.
Restrictive covenants -
Only binding it registered as D(ii) Land Charge.
Unknown - safest to take out restrictive covenant insurance.
Mortgage
Discharged if on back page ‘vacating receipt’.
Check contract it states mortgage free and require undertaking.
Home rights -
Class F land charge.
Pre-contract searches
Relevant to every;
Survey and personal inspection
Local search - LLC1 financial charges. CO2N9 planning (also road). CON290 optional (proposed development on property around)
Water and drainage search - CON29DW-
checks whether connected to sewer. If not buyer liable for costs.
Pre-contract enquiries of the seller - disputes, third party rights, compliance with easements and covenants.
Environemental searches.-
CON29 and CON290 standard
Reliance not enough
Desktop search - will identify contamination risk
If so need specialist surveyor.
Flood search - close to river or coast.
Flood re insurance (not available for commercial).
Particular properties;
Chancel repairs search;
Church
Binding before 2013
Only if in title deeds and caution against first registration
Mining searches;
CON29M form.
Canal and river trust -
maintenance to waterways, banks and tow paths.
Commons search - fields, common rights such as pasture.
Railways -
CON29, Crossrail, HS2 ad Newcastle Metro
Highways
Unregistered land searches
-Any purchase Index Map Search and Land Charges Department search against the seller.
Company search -
Fixed or floating charges on property.
Bankruptcy -
when acting for lender.
online search providers -
Smoke control orders - LLC1 result, problem if open fireplace.
Tree preservation order - criminal offence to lop or fell.
Conservation areas - LLC1 or CON290 results.
Occupiers -usually dealt with in contract.
