Co-Ownership - Reg and Unregistered Land
Reg land: restriction on charges register indicates TiC. Need to ensure both sign + execute contract. If dead,
... [Show More] ensure Death Certificate + appointment of new trustee + Grant of Representation.
Unregistered land: Death Certificate and can assume JT if LP(JT)A 1964 factors:
- Seller states in conveyance he is solely entitled;
- No memo of severance
- No notice of bankruptcy --> carry out K16 search.
Always searches
CON29R - key inquiries from local authority
LLC1 - local authority charges, gives detail re planning permission, building regs, conservation area, listed building, smoke control order, tree-preservation order etc.
Commercial Water and Drainage Search
Company Search (check insolvency)
Desktop Environmental Search
Chancel Repair Search
CON29R not conclusive re planning. Reveals adoption (pro: once adopted, will be maintained at public expense; con: consider expense for frontagers to bring up to standard for adoption)
Maybe searches
Coal mining searches
CON29O (e.g. for rights of common)
SIM (index map search) --> shows any third-party rights registered against property + ascertain who neighbours are;
Coal Mining Search (CON29M)
Waterways Search
Utility Searches
Phase I and Phase II Environmental Searches
Highways Authority Search --> ransom strip
Enforcement periods
4 years - change of use to dwelling house, works
10 years - breach of PP condition, change of using other than dwelling house
forever - building regs (get that building regularisation certificate), LB consent, CA consent
Effects of listed building
Permitted development highly restricted + will need listed building consents. LB consent removes need for CA consent also, unless trees being felled.
Effects of conservation area
Permitted development highly restricted + will need conservation area consent for any development
Approach if Power of Attorney
Check validly granted by deed, within ambit, not revoked, CC of deed + presumption of validity if 12 months under s.5(4) PAA. More than 12 months need statutory declaration by proferens.
Mortgagee's right of sale
See ss.101-3 LPA. LPA must merely check exists and has arisen: s.104(2).
When is PP needed?
ss.55 + 57 TCPA need it where 'development' = material change of use OR works. Works excludes permitted development. Material change of use excludes GPDO table.
Drafting - mortgages
Do not allow mortgage as specified incumbrance --> would take subject to it.
Additional chattels
Must use existing special condition at clause 3 + change purchase price on front of contract but NOT on TR1 (if apportionment being used) for SLDT saving (3% v. 4%).
Contract rate?
Should be 3-5%.
S.C.s
What/who/by when/how, e.g.
Early access + purpose;
Vacant possession (waiver may be required);
Exclude C(RoTP)A 1999 but only if dealing with SCPC.
Insurance policy to be purchased
Building regularisation/missing PP (for PP could also have indemnity insurance policy);
Clean-up any contamination.
Faruqi clause = knowledge of defect in title.
Conditional on B attaining P.P.
Sale of part = exclude implied easements, refer directly to easements. Express covenants.
Example: indemnity covenant
The Transferee covenants to observe and perform the covenants contained or referred to at entry no. 1 in the Charges Register of title number XXX and to indemnify the Transferor against any liability for any future breach or non-observance of the covenants.
AP1 Panel 4
Discharge, transfer, charge
UL - S
Searches --> CLC searches against all of whom you have notice in Epitome (including contained within).
Company Search + SIM
Form K15.
If existing searches provided, must check correct names + that they were carried out in relevant protection period.
UL - C
Co-ownership; JT conditions in LP(JT)A.
UL - R
Root; prior to 1 December 1990, at least 15 years old, casts no doubt of sellers' title + deals with entire beneficial interest.
UL - A
Ad Valorem + PD stamp. PD stamp is always required plus has legislation on it. Ad Valorem is not required where certificate of value (AV relates to amount of stamp duty paid).
UL - P
Positive, restrictive, easements, or leases
(1) Covenants: D(ii) charge for RC. Either may bind via indemnity covenants given SCPC 6.6.4/SCS 4.6.4
(2) Easements --> is servant land registered? If so, then does easement appear in register? If not, then no longer legal. Will be safe if no subsequent registrable disposition. If there has been, need to check if openly used and predates 13/10/2003.
(3) Mortgages --> absence of title deeds indicates mortgage. Require deed of discharge.
(4) Leases - Schedule 1 LRA - leasehold shorter than 7 years will override. Under Schedule 12 LRA, transitional provisions means leases for term not exceeding 21 years will override if granted before 13/10/03.
UL - P - how to approach RCs
REPORT - to client on terms. If not possible to find terms from Epitome, go 'behind' root at s.45 LPA allows.
REGISTERED? Only bind if chain of indemnity covenants or registered against initial covenanter with D(ii) land charge.
MIND THE GAP: Conveyance is usually dated a few days after CLC search, need to check D(ii) charge refers to the RC in in that conveyance --> apply for Office Copy of D(ii). This will enable matching D(ii) with Conveyance --> to be sure it relates to land in question.
- ENQUIRE re past/future breaches.
UL - P
PRs/unusual sellers --> Grant of Representation. Check that:
- no memorandum of disposal on grant;
- PRs state in conveyance no previous disposal.
UL - E
before (SIGNED SEALED AND DELIVERED) or after 31 July 1990 (SIGNED AS A DEED)
UL - D
Discharge of mortgage --> no title deeds, require separate deed of discharge or validly executed receipt.
Steps to undertake pre-exchange
(1) Check Client still wishes to proceed;
(2) Check with accounts department that there are sufficient cleared funds re deposit monies;
(3) Check client has signed contract;
(4) Check lender is satisfied with CLLS certificate.
During exchange
Agree completion date
Verify same contract
say exchange words:
-- undertake to send deposit monies + contract to seller's solicitor that day. [Show Less]