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PLP > SGS 1 > Flashcards

SGS 1 Flashcards

1
Q

What should you consider when looking at an easement over land your client wants to purchase?

A

AMAR

  • Adequacy
  • Maintenance
  • Adoption
  • Registration against the burdened land
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2
Q

What should you do if a company is the seller?

A
  • Do company search against company number

- Post completion send the land registry a certified copy of the change of name certificate

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3
Q

What must you do if the sellers are joint owners?

A
  • Get them all to sign the contract and transfer deed if they are alive
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4
Q

What must you do when buying from a sole surviving tenant in common?

A

Make sure you have overreached the deceased tenant-in -common’s beneficial interest
Seller must supply an official/certified copy of a deed of appointment of second trustee.
Appoint a second trustee [if purchase money paid to two trustees it will overreach any beneficial interest of decceased TiC]

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5
Q

Four step outline to discussing restrictive covenant

A
  1. Identify issue
  2. Explain why issue
  3. Propose solutions
  4. Evaluate
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6
Q

What are the three main solutions to a restrictive covenant?

A
  1. Obtain insurance policy with one-off premium
  2. Consent from person with the benefit of the covenant
  3. Upper Tribunal (Lands Chamber)
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7
Q

Which type of breach of covenant are you more likely to be able to get [cheaper] insurance for?

A

Past breach

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8
Q

What is the test for a positive covenant?

A

Hand in pocket

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9
Q

When can you ignore positive covenant?

A

If there is no indemnity covenant

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10
Q

What will the RP expect if they gave an indemnity covenant?

A

The buyer to give an indemnity covenant to them as well in the TR1

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11
Q

What authority confirms that the buyer will join the indemnity covenant chain?

A

SCPC 6.6.4

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12
Q

Solutions to existing breach of positive covenant by seller?

A
  • Require seller to remedy

- Negotiate price deduction to cover cost of compliance

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13
Q

Solutions to existing breach of positive covenant by seller when the breach is not capable of remedy?

A
  • Insurance
  • Get a release from obligation from PWB
  • Cant go to Lands Chamber
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14
Q

What should you do if the buyer is planning a future breach of a positive covenant once they have bought the property (+entered indemnity contract)?

A
  • Warn client of possibility of enforcement from PWB
  • Advise about insurance and release
  • Try insurance first
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15
Q

In what two ways can the mortgage charge be removed?

A
  • Buyer’s solicitors obtaining form DS1 from the seller’s solicitors immediately after completion and submitting it to the land registry along iwth the application to register the buyer as the new owner
  • By the seller’s lender sending an e-DS1 direct to the land registry when it receives sufficient money from the seller to pay off the loan on completion
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16
Q

What should the buyer’s solicitor ask for (in relation to removing mortgage charge)?

A

An undertaking from the seller’s solicitors in the form recommended by the LS to:

  • forward to the seller’s lender such sum from the completion monies as is required to discharge the mortgage
  • forward on to the buyer’s solicitor the DS1 or evidence that an e-DS1 has been filed at the Land Registry, once the DS1/such evidence has been received from the bank
17
Q

What should you require of a non-owning occupier?

A

That they sign a waiver - waiving possible interest and agreeing to vacate on/before completion (occupier should obtain independent legal advice prior to signing)

18
Q

Compulsory searches

A
  • LLC1
  • CON 29
  • Highways search
  • Drainage and Water Search
  • Desktop environmental Search
  • CPSEs
  • Structural survey and physical inspection
  • Chancel repair search
  • SIM
  • EPC
19
Q

William Sindall plc v Cambridgeshire CC

A
  • The seller only has a limited duty to disclose information to the buyer’s solicitor
  • However, the seller should be mindful of stating in its replied “not so far as the seller is aware” -> this would amount to an assertion that the seller has made reasonable investigations into the matter
20
Q

Gordon v Selico Ltd

A

THe seller cannot deliberately mislead the buyer e.g. by concealing physical defects or answering enquiries dishonestly

21
Q

Optional searches

A
  • Con 29O
  • Company search
  • Con 29M
  • Waterways search
  • Telecoms search
  • Gas and electricity utility search
22
Q

When would you do a CON29O?

A

When the property is in an area which may be affected by a right of common, e.g. in/near an area of open countryside or in a non-built-up urban area or is a newly build property in a previously non-built-up area

23
Q

When would you do a company search?

A
  • If the seller is a company
24
Q

WHen do you do a CON29M?

A
  • Coal mining and brine search
25
Q

WHen do you do a waterways search?

A

Where a property either adjourns a waterway or has a waterway passing through it

26
Q

What does a waterways search tell you?

A
  • Who has liability for maintenance
  • Any rights of way along riverbanks or tow paths, do other people use the riverbanks?
  • Any water abstraction licences in place?
27
Q

where do you find indemnity covenant?

A

Proprietorship register

28
Q

Where do you find rights of way?

A

Property register

29
Q

Where do you find the owner’s details?

A

Proprietorship register

30
Q

Where do you find the details of the restrictive covenant?

A

Charges register

31
Q

Where do you find the details of the mortgage?

A

Charges register

32
Q

Where do you find the details of where the property is situated?

A

Property register

33
Q

Are there restrictions for tenants in common or joint tenants on the register?

A

Only for joint tenants

34
Q

What documents are required to deduce title to registered land?

A
  • Official copies of register
  • Title plan
  • Copies of all documents referred to in the official copies where the relevant rights have not been fully extracted
35
Q

What must you do if you are selling the whole of the property?

A

Check if there is a mortgage restriction. If there is, then the mortgagee’s consent must be obtained before the whole of the property can be sold

PLP (7 decks)

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