SQE2 Flashcards
What is a good negotiation option where leasehold issues?
What are advantages and disadvantages?
Surrender
:)
avoids court
preserves relationship
:(
puts tenant on notice to serve s26 request if not inclined to agree
When is court order required for forfeiture?
Wholly or partly let as a dwelling house and tenant is in occupation
When would u non obvs need to do a coal mining search?
Form?
Yorkshire / coal mining areas
Esp if plan to redevelop in case ground instable
CON29M
What search does older property require
(eg 1970s)
Structural survey to check structurally sound
Wording restrictive covenants in TR1/TP1?
The Transferee covenants with the Transferor to the intent that the burden of the covenants will run with and bind the Property and every part of it and that the benefit of the covenants will be annexed to and run with the Retained Land and every part of it, to observe and perform the following stipulations:
Quote for nuisance covenant
not do or allow to be done on the Property anything which may be or grow to be a nuisance or annoyance to the Transferor or its successors in title who are the owners for the time being of the [Retained Land.]
What to include as declaration in TP1/TR1 to prevent implied easements arising?
“This transfer does not include any easement other than those expressly granted in this transfer and shall not be construed or operate as implying the grant of any easement.”
Seller and buyer, purchaser and vendor or transferor or transferee for:
- TR1
- TP1
- Contract?
Contract = seller and buyer
TR1/TP1 = transferor and transferee
(not sure when to use purchaser/vendor but assume contract)
What should u be concerned about in searches if plan to build on property (eg an extension)?
Any public water pipes or public sewers within boundaries of the property as can’t build over them
Do u need to obtain death certificate if overreaching applies anyway?
yes
What should u consider if buying a property and getting indemnity insurance
May have indemnity insurance cover which could be assigned for us.
if not, sellers should pay for a policy to cover the buyers as it is a defect in title.
e.g. where unknwon covenant
explain chattels to client
personal belongings
explain restrict covenant to client
promises by you to [your neighbour james] not to [xyz]
if you breach these covenants, could apply to court for compensation or orders stopping you from [xyz] and making you undo [xyz].
Explain option of applying to Upper Tribunal
apply to court to the Upper Tribunal for them to modify the covenants or release you from the covenants on the grounds that they are obsolete or of no substantial benefit.
[Given these are recent covenants that might be hard to prove]
might take some time to obtain a decision so this is probably not a very practical option
explaining GDPO (the permitted development stuff or whatever its called)
Some changes are granted planning permission automatically by the local planning authority, so you would need to check this.
Are you happy to make that enquiry yourself?
