PLP SGS 1- 11 Summary Notes Property Law and Practice

PLANNING AND PRE-CONTRACT SEARCHES AND ENQUIRIES PLANNING AND ENVIRONMENTAL CONSIDERATIONS The need for Planning Permission s57(1) Town and Country Planning Act 1990 (TCPA): Planning Permission is required for ‘development’, ³ ‘Development’ is defined in s55(1) TCPA as: a) The carryi...

DRAFTING THE CONTRACT AND EXCHANGE ON CONTRACTS PROCEDURE 1 Seller’s solicitor prepares first draft • Define land being sold • TæCs agreed between parties • Heads of Terms may already have been agreed in a commercial transaction between parties 2 Buyer’s solicitor checks draft con...

OMPLETION, POST COMPLETION AND REMEDIES PREPARING FOR COMPLETION - BUYER’S SOLICITOR Draft the Transfer s52 LPA 1925 - The Transfer must be in the form of a deed, When drafting the Transfer, buyer’s solicitor will need the official copies of the seller’s titles and the contract (for corr...

PROFESSIONAL CONDUCT AND REGULATION PRINCIPLES AND CODES Code of Conduct for Solicitors (CCS) Code of Conduct for Firms (CCF) SRA Principles: You act: 1, in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice; 2, in a way that upholds ...

PLP SGS 6 UNREGISTERED TITLE Compulsory registration All areas subject to compulsory first registration on 1 December 1990 using form FR1. s6(4) LRA - Application for first registration must be made within two months of completion, If there has been a sale/mortgage after 1 December 1990 but tit...

PLP SGS 7 – Security of Tenure Concept of security of tenure (landlord client) – Striking a fair balance between the landlord and tenant in business lettings. Allowing protection for a tenant where the lease qualifies and given the procedural steps. To exclude the 1954 Act: i. the landlord ...

PLP SGS 8 – Repair, Insurance and L’s Remedies Advantages of leases Lease rather than buying a freehold: cash-flow – buying freehold is really expensive flexibility – committed for a defined period of time Agreement for lease – some reason why the premises can't be leased straight a...

CONTENTS OF A LEASE 3 ADVISING ON A LEASE When advising on the terms of the lease, do not look at the lease in isolation → look at the freehold title as there may be freehold covenants which affect the use and enjoyment of the property. Consider: lease, the law, landlords title, and Local Auth...

lOMoAR cPSD| PLP SGS 10 RELATIONSHIP BETWEEN THE PARTIES: Privity of estate - Parties who share an immediate interest in the same land, e.g. landlord and tenant Privity of contract - The original parties to a contract - can sue for breach of contract, not withstanding their subsequent disposal ...

CONTENTS OF A LEASE 4 RENT Market rent lease (rack rent lease) – typically 35 or 10 years long and will reserve a substantial monthly or quarterly rent Long lease (ground rent least) – usually a minimum of 99 years, will be granted for a premium and will reserve only a nominal rent Tenant ...