Sale Of Part/ New Devlopments

Question 1

Differences to sale of whole

Answer 1

-boundaries
-prejudice to retained land
-grant/reservation of easements
-new covenants
-mortgagees consent
-CGT

Question 2

Contract drafting issues

Answer 2

-descriptions of plan
-descriptions of retained land
-special conditions relating to easements and new covenants

Question 3

Necessary easements

Answer 3

Does the buyer have all necessary easements?

-rights of way
-right to lay new cables/pipelines/drains
-rights to use/maintain existing new pipelines etc.

Question 4

Questions to ask re easements

Answer 4

-is the exercise of those rights limited?
-who is liable for maintenance and repairs
-is there a right to the sellers land to maintain and repair

Question 5

Easements for sellers

Answer 5

Need to be included in the special conditions

Question 6

Purchase deed drafting issues

Answer 6

-unregistered land- conveyance
-registered land TP1
-reflect in contract
-join in mortgagee/separate deed/DS3
-execution by buyer

Question 7

Issues to check with new properties

Answer 7

Planning permission.
Building regulations consent.
Structural guarantee.
New home warranty and insurance cover from an independent third party is essential (NHBC ‘buildmark’ scheme)

Question 8

Evidence of title for sale of part

Answer 8

Unregistered title- abstract/epitome of title marked as a true copy of the original title documents

Registered title- official copies of the whole site, with title plan. With state development CI is often used instead of title plan

Question 9

Pre-contract package

Answer 9

copies of planning permission, building regulation consents, Highways Act and water industry agreements and bonds.

Draft transfer.

Energy performance certificates.

Disclosure of incentive forms.

Question 10

Unfair terms in Consumer Contracts Regulations 1999

Answer 10

Spoken statements written.
Changes to the design or construction- if after exchange of contracts there has been significant and substantial changes the home buyer has the right to end the contract and get their deposit and reservation fee back.