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FLK 2 - Property Practice > 2. Due Diligence 2 > Flashcards

2. Due Diligence 2 Flashcards

1
Q

What is due diligence?

A

Investigation and research before making a decision.

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2
Q

What are planning law principles?

A

Legal principles related to planning matters.

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3
Q

What is planning permission?

A

Approval required for land development.

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4
Q

What does ‘run with the land’ mean in planning matters?

A

Responsibility for planning matters lies with the property owner.

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5
Q

Who is responsible for a breach of planning matters?

A

The owner of the property.

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6
Q

What could happen if there is a breach of planning matters?

A

Enforcement action could be taken against the buyer of the property.

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7
Q

What falls under the statutory definition of ‘Development’?

A

Building operations, material changes, change of use class.

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8
Q

What is included in building works?

A

Demolition, structural alterations, additions.

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9
Q

What does not constitute ‘Development’?

A

Maintenance work, internal alterations not affecting external appearance.

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10
Q

What are the two types of public planning permission?

A

Deemed permission, express permission.

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11
Q

Is either type of planning permission sufficient?

A

Yes.

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12
Q

What happens to planning permission?

A

It runs with the land forever and burdens the relevant land.

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13
Q

Is there a specific time limit for implementing planning permission?

A

Yes, usually 3 years in England and 5 years in Wales.

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14
Q

What can the Local Planning Authority do if planning permission is not implemented within a reasonable time?

A

Serve a completion notice.

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15
Q

What is deemed permission?

A

Permission to carry out development without applying for planning permission.

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16
Q

Under what circumstances does the owner have deemed permission?

A

Alterations to the interior that do not affect the exterior, demolition outside a conservation area.

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17
Q

What is the Town and Country Planning (General Permitted Development) Order 2015?

A

Regulations that allow certain developments without planning permission.

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18
Q

What are examples of general permitted developments?

A

Small home extensions, porches, fences.

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19
Q

What are the restrictions on size and position for conservatories?

A

N/A

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20
Q

What are examples of minor works on commercial properties?

A

Fence, paint

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21
Q

What does an Article 4 Direction do?

A

Disapplies deemed permission in conservation areas

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22
Q

What is required if deemed permission is disallowed?

A

Express planning permission

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23
Q

What can be applied for under s.192 of the TCPO 1990?

A

Certificate of Lawfulness of proposed use or development

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24
Q

What is required if the owner does not have deemed permission?

A

Express permission

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25
Q

What are the two types of express planning permission?

A

Outline permission, Detailed permission

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26
Q

What does outline permission entail?

A

Broad permission with reserved matters

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27
Q

What are reserved matters?

A

Developments that must be approved by the Local authority

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28
Q

What must the owner do if there are reserved matters in the outline permission?

A

Make an application within 3 years

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29
Q

What does detailed permission involve?

A

More expensive and detailed application with full plans

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30
Q

When must development start for detailed permission?

A

Within 3 years of the permission date

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31
Q

What is the Town and Country Planning (Use Classes) Order 1987?

A

Sets rules for material changes of use and use classes

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32
Q

What are the different categories of use under UCO 1987?

A

Classes of use with letters and sometimes numbers.

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33
Q

What is the purpose of specifying the use of property in a lease?

A

To ensure compliance with planning laws.

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34
Q

What are common use classes?

A

Categories of use under UCO 1987.

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35
Q

What does s.55(2) of UCO 1987 exclude?

A

Change of use within the same class of use.

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36
Q

Give an example of a residential use class.

A

Class C, with C1 being hotels and C3 being dwelling houses.

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37
Q

When does a change of use not require planning permission?

A

When it is within the same use class.

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38
Q

What types of developments are permitted without planning permission?

A

Limited size extensions within the curtilage of a dwelling house and minor operations.

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39
Q

When is planning permission required for a change of use?

A

When it is from one class to another or to/from a ‘sui generis’ use.

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40
Q

What can the local planning authority do if there is a breach of planning permission?

A

Take enforcement action against the current owner/occupier.

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41
Q

How can a breach of planning permission be identified?

A

By exercising the right to entry and issuing a planning contravention notice.

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42
Q

What is a planning contravention notice?

A

A notice requiring the recipient to provide information about operations, use, or activities.

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43
Q

What can the local planning authority do after receiving a planning contravention notice?

A

Decide to take action.

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44
Q

What is an enforcement notice?

A

A notice served by the local authority to start an enforcement action.

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45
Q

What must the enforcement notice state?

A

Nature of the breach, steps to remedy, time limit

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46
Q

When does the notice become effective?

A

28 days after service

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47
Q

What does a stop notice do?

A

Brings activities in breach of planning control to an end

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48
Q

What is a breach of condition notice?

A

Notice for breaching a specific condition

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49
Q

What is an injunction?

A

Court order to restrain a breach

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50
Q

What is the enforcement period?

A

Time limit for taking action

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51
Q

What is the time limit for serving enforcement notices for building works?

A

4 years from substantial completion

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52
Q

What is the time limit for serving enforcement notices for other breaches?

A

10 years

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53
Q

Who is held responsible for breaches?

A

Current owner

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54
Q

What does Building Regulation Control cover?

A

How works are carried out and building safety

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55
Q

Is permission always needed for building works?

A

Yes

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56
Q

What are the enforcement options for Building Regulation Control?

A

Prosecution, Enforcement Notice, Injunction

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57
Q

What is the enforcement deadline for Building Regulation Control?

A

Unlimited

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58
Q

What are the options for breach in Building Regulation Control?

A

Indemnity policy, Regularisation Certificate

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59
Q

Is it necessary to apply for Building Regulation Control even if no planning permission is required?

A

Yes

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60
Q

What are self-certification schemes for Building Regulation Control?

A

Regulated by trades and professions, no separate application required

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61
Q

What does the LPA do in relation to Building Regulation Control?

A

Inspects and issues certificate of compliance

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62
Q

Give examples of works that need building consent.

A

Installing windows, electrical works, boiler installation

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63
Q

Is there a time limit on enforcement for breaches?

A

No

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64
Q

What can the LPA prosecute for?

A

Breach of regulations

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65
Q

When must proceedings be brought for a breach?

A

Within 2 years of work completion

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66
Q

When can the LPA issue an enforcement notice?

A

Within 12 months of the breach

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67
Q

When can injunctions be applied?

A

At any time to force property compliance

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68
Q

How can a buyer check if BRs have been complied with?

A

Through searches and enquiries before contract exchange

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69
Q

What can a buyer do if no consent is granted?

A

Ask seller to obtain regularisation certificate or get insurance

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70
Q

What should a client be advised to obtain?

A

Necessary building regulations approval

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71
Q

What are the enforcement deadlines for local authority?

A

No permission: 4 years, Change of use w/ no permission: 10 years, Change of use to dwelling w/o permission: 10 years, Breach of condition: 10 years from date of breach

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72
Q

What are listed buildings?

A

Buildings of special historical or architectural merit

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73
Q

What are the grades of listing?

A

Grade 1, 2* and 2

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74
Q

What should be advised if a building is listed?

A

To have a full structural survey before purchase

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75
Q

What are the requirements for listed buildings?

A

Planning permission and listed building consent for exterior and interior works

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76
Q

What are the sanctions for listed building consent?

A

No time limit for enforcement action, criminal sanctions against perpetrators and subsequent owners

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77
Q

What are Conservation Areas?

A

Areas with broader protection for buildings.

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78
Q

What is the requirement for work on trees in a conservation area?

A

Notification to LPA 6 weeks in advance.

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79
Q

What is the status of unregistered land in the Land Registry?

A

No Official Copies available.

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80
Q

What should be checked before investigating an unregistered title?

A

Registration status, root of title, chain of ownership, correct stamping, seller’s ability to sell, third-party rights.

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81
Q

When is registration of title compulsory?

A

Only if a transaction occurs.

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82
Q

What does the Register provide?

A

Conclusive evidence of ownership.

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83
Q

Why do people avoid registration?

A

Expense.

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84
Q

What triggers compulsory first registration?

A

Sale, gift, assent, grant of lease, assignment of lease, first legal mortgage.

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85
Q

What is the time limit for registration?

A

2 months from triggering event.

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86
Q

Can the Registrar grant an extension for registration?

A

Yes, for a good reason.

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87
Q

What is an epitome of title?

A

Summary of the property’s ownership history.

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88
Q

What is a good root of title?

A

A single document chosen by the solicitor as the basis for proving ownership.

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89
Q

What is the purpose of registering land?

A

To establish ownership and the right to deal with the land.

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90
Q

What is the benefit of registering land?

A

Conclusive evidence of ownership.

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91
Q

What is the downside of registering land?

A

Expense.

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92
Q

What is the purpose of notification for work on trees in a conservation area?

A

To inform the Local Planning Authority.

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93
Q

What is the consequence of unregistered land in the Land Registry?

A

No Official Copies available.

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94
Q

What is the purpose of investigating an unregistered title?

A

To establish ownership and any third-party rights.

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95
Q

What is the purpose of an epitome of title?

A

To provide a summary of the property’s ownership history.

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96
Q

What is the purpose of compulsory first registration?

A

To establish ownership and create an official record.

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97
Q

What is the epitome of title?

A

Schedule of relevant deeds and documents.

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98
Q

What is the root of title?

A

Specific conveyance showing good title to the property.

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99
Q

Who prepares the epitome of title?

A

Seller.

100
Q

What does the buyer do?

A

Buyer conducts Index Map Search.

101
Q

What does the seller do with relevant documents?

A

Selects and prepares the epitome of title.

102
Q

What is included in the epitome of title?

A

Root of title, conveyances, seller’s current mortgage, name changes, death certificates.

103
Q

Are pre-root documents visible to the buyer?

A

No.

104
Q

What does the epitome of title consist of?

A

Front sheet and actual documents.

105
Q

What must the seller give to the buyer on completion?

A

Actual copies of the documents.

106
Q

What must the seller give to the buyer on completion?

A

Original title documents.

107
Q

What should be checked for all documents?

A

Proper execution (in writing, clear on the face, signed with a witness, delivered as a deed).

108
Q

What does the seller always execute?

A

Conveyance to pay the legal estate in the land.

109
Q

What is the purpose of a Central Land Charges Search (CLC Search)?

A

To find missing names in the epitome.

110
Q

What should be done with possible family names from the epitome?

A

List them out and deal with them separately.

111
Q

Who should the CLC search be carried out against?

A

Every estate owner from the epitome, including parties to pre-root documents.

112
Q

What form should the CLC search be done on?

A

Form K15.

113
Q

Who do we not need to search for in the CLC search?

A

Banks (lenders).

114
Q

What is the name of the current seller?

A

Search Land Charges Act 1972.

115
Q

What is the period of search?

A

Period of ownership, complete years only.

116
Q

What if ownership started before 1926?

A

Sufficient as register starts from 1926.

117
Q

Can the buyer rely on the seller’s search if correct?

A

Yes.

118
Q

What is a valid root of title?

A

Describes land, dated 15+ years ago, no doubt on seller’s title, deals with legal and beneficial title.

119
Q

Is a Power of Attorney a valid root of title?

A

No, it casts doubt.

120
Q

Does silence on beneficial title cover both legal and equitable interest?

A

Yes, unless expressly excluded.

121
Q

What if the property was a gift?

A

Look through all transfer deeds to find the root of title.

122
Q

What are the requirements of a good root of title?

A

Adequate description of land, conveyance preferable, consistent description, deals with legal and equitable interest, no doubt on seller’s title, at least 15 years old.

123
Q

How should subsequent title deeds be checked?

A

Systemic and thorough manner.

124
Q

What are the formalities for deeds?

A

Not specified.

125
Q

Pre-1990: What are the requirements for a valid deed?

A

Clear deed, signed, witnessed, sealed, dated.

126
Q

Transfer by Company: How many directors need to witness the deed?

A

2 directors or 1 director + CoSec.

127
Q

Stamps: What must a deed have to be stamped?

A

Particulars Delivered + COT or Ad Valorem.

128
Q

Invalid: Who should rectify an invalid deed?

A

Seller at their own expense.

129
Q

Post-1990: What should the seller do with the land?

A

Register it with Land Registry.

130
Q

Missing Covenants: What type of title will the buyer get?

A

Qualified Title.

131
Q

STAMPING: What should conveyances contain to show stamp duty payment?

A

Ad valorem stamps and/or certificate of value.

132
Q

STAMPING: What is the purpose of ad valorem stamps?

A

To show payment of stamp duty.

133
Q

STAMPING: What is the purpose of a certificate of value?

A

To show consideration below stamp duty threshold.

134
Q

STAMPING: What should conveyances contain if the purchase price is above the nil-rate band?

A

Both ad valorem stamps and a certificate of value.

135
Q

STAMPING: What should be affixed even if no ad valorem stamp duty was payable?

A

Particulars Delivered Stamp.

136
Q

STAMPING: What are valid variations of Particulars Delivered stamps?

A

Particulars Delivered, PD, Particulars Produced, or reference to Finance Act 1931.

137
Q

STAMPING: What is the consequence of not properly stamping the root of title?

A

It is not properly stamped if PD stamp and/or ad valorem stamp duty is missing.

138
Q

CHECK IF THERE ARE PROBLEMS AFFECTING UNREGISTERED LAND: What should be checked?

A

Problems affecting unregistered land.

139
Q

MCQ - Advise of nature and purpose of positive covenants.

A

Not binding without chain of indemnity covenants.

140
Q

RESTRICTIVE COVENANTS: What should the Central Land Charge search result show?

A

Creation of restrictive covenants and valid registration against original covenantors.

141
Q

RESTRICTIVE COVENANTS: What happens if a covenant is validly registered?

A

It is binding on all successors in title.

142
Q

RESTRICTIVE COVENANTS: Does a covenant need to be registered to be binding?

A

No, it does not need to be registered to be binding.

143
Q

Restrictive covenant

A

Does not run with the land.

144
Q

Existence of covenants

A

Apparent on the face of the conveyance.

145
Q

Easements

A

Excepting and reserving or “subject to”.

146
Q

Charges Register

A

Part of the land registration system.

147
Q

Property Register

A

Part of the land registration system.

148
Q

Halsall v Brizell

A

Law relating to easements.

149
Q

Unregistered land

A

No need to register easements created by deed.

150
Q

Index map search

A

Search of the Index Map.

151
Q

Registered title

A

Check burden in Charges Register.

152
Q

Unregistered title

A

Register caution against first registration.

153
Q

Discharge of mortgages

A

Issue for the Buyer.

154
Q

Undertaking from Seller’s solicitor

A

Redeem mortgage and provide evidence of discharge.

155
Q

Unregistered land

A

Listed in the epitome of title.

156
Q

Mines and minerals exceptions

A

Seller may reserve rights to extract valuable substances.

157
Q

What is a mining exception?

A

Seller cannot transfer mines/minerals to buyer.

158
Q

Where does a mining exception appear?

A

In the property Register or conveyance.

159
Q

What is the purpose of declaring rights of light and air?

A

Restricts building/blocking light to windows.

160
Q

Where does the declaration of rights of light and air appear?

A

On the Proprietorship register.

161
Q

What is the issue with leases and vacant possession?

A

Buyer may not get vacant possession.

162
Q

What is the requirement for a lease of 7+ years?

A

Registration and separate title number.

163
Q

Are leases under 7 years enforceable?

A

Equitable leases may be enforceable as overriding interests.

164
Q

How is a legal lease created in unregistered land?

A

By deed, scheduled in the epitome of title.

165
Q

What is a parol lease?

A

Lease made orally or in writing (not by deed).

166
Q

When does a parol lease become effective?

A

Immediately after it was made.

167
Q

What is the period requirement for a parol lease?

A

Less than 3 years.

168
Q

What is the requirement for a parol lease?

A

Full market rent.

169
Q

What is an entry in the Charges register?

A

Entry regarding burden of an interest on a registered estate or charge.

170
Q

What are the types of notices?

A

Unilateral and agreed notices.

171
Q

What is an agreed notice?

A

Notice put in the register with the agreement of the registered proprietor.

172
Q

What is a unilateral notice?

A

Notice used when the registered proprietor refuses consent.

173
Q

Does an entry in the register guarantee validity or existence?

A

No, it does not.

174
Q

Do notices give rights over the property?

A

No, they do not.

175
Q

What step should be taken to inquire about a notice?

A

Ask the seller’s solicitor about the notice.

176
Q

When should the buyer advise the client?

A

Either advise your client to walk away from the transaction or refuse to proceed further with the transaction until the seller deals with the unilateral notice.

177
Q

What should the buyer require the seller to do?

A

Require the seller to get the notice cancelled by the Land Registry before exchange of contracts.

178
Q

What is a home right?

A

Right of a non-owning spouse or civil partner to occupy the family home.

179
Q

Does a home right create an interest in land?

A

No, it does not create an interest in land.

180
Q

How is a home right binding on a buyer in registered land?

A

Home right will bind buyer if it is protected by a notice in the Charges Register by the date when the transfer of the property to the buyer is registered.

181
Q

How is a home right binding on a buyer in unregistered land?

A

Home right must be protected as a Class F land charge in order to be binding on a buyer.

182
Q

What should the seller obtain from a non-owning occupier?

A

Seller should obtain from non-owning occupier a release of all rights in the property and agreement to vacate on or prior to completion.

183
Q

What types of occupiers are there?

A

Types: people holding home rights + tenants.

184
Q

What should the seller obtain from the occupier?

A

Seller should obtain from the occupier a release of all rights in the property and agreement to vacate on or prior to completion.

185
Q

When are pre-contract searches and enquiries carried out?

A

Enquiries cannot be raised after exchange so solicitors will carry this out before.

186
Q

When are pre-contract searches and enquiries completed?

A

Completed early on in the transaction to ensure that parties can get out of the transaction with no penalty.

187
Q

Where are the results of searches/enquiries sent to?

A

Searches/enquiries results are sent to the client in the Report on Title.

188
Q

Who drafts the Report on Title?

A

Buyer’s solicitor drafts the Report on Title.

189
Q

What is the purpose of the Report on Title?

A

To summarize title investigations, search results, and replies to enquiries.

190
Q

What is the duty of CCS regarding the Report on Title?

A

CCS has a duty to disclose all material information in an accessible way.

191
Q

What is the confidentiality of the Report on Title?

A

Use only for the client and need consent to disclose.

192
Q

How can searches be carried out?

A

Searches may be carried out directly, with the entity involved (e.g. local authority or water company) or using an online search provider.

193
Q

What is a professional survey?

A

A thorough inspection of the property by a professional.

194
Q

What is a valuation?

A

An assessment of the property’s value.

195
Q

When might a full structural survey be advised?

A

If there are concerns about the state of the property.

196
Q

What is a less expensive alternative to a full structural survey?

A

A homebuyers valuation and survey.

197
Q

What does a homebuyers valuation and survey provide?

A

Advice on necessary repairs and maintenance requirements.

198
Q

What does it mean if something is adopted?

A

It becomes the responsibility of the statutory undertaker.

199
Q

What is a Local Land Charges search (LLC1)?

A

A search that gathers information held by the local authority.

200
Q

What does a Local Land Charges search reveal?

A

General and specific financial charges, restrictions on land, planning charges, and listed building charges.

201
Q

What is the purpose of a Local Authority enquiries (CON 29)?

A

To obtain standard local authority information about the property.

202
Q

What does a Local Authority enquiries search reveal?

A

Information about planning permission, building regulations, road adoption, contamination, conservation areas, and public rights of way.

203
Q

What information is provided about highways and roads adjoining the property?

A

Information about maintenance and adoption.

204
Q

How can you obtain information about highways and roads via NLIS?

A

Use form CON29.

205
Q

How can you obtain information about highways and roads via Gov.uk?

A

Send a CON29 search request to the Local Authority.

206
Q

What are Commercial Property Standard Enquiries (CPSEs)?

A

A standard set of questions.

207
Q

What are some extra info known to the Seller that may affect the Buyer’s plans?

A

Owner breached covenants, non-owner occupiers, unregistered 3rd party rights, barriers to access, physical condition.

208
Q

What questions are usually included in CPSEs?

A

Unregistered third party interests and Energy Performance Certificate.

209
Q

What does a Drainage and Water Search determine?

A

If land is connected to mains water supply, mains sewer, or public foul drainage system.

210
Q

How can you obtain a Drainage and Water Search via NLIS?

A

Use the relevant water service company.

211
Q

What does an Environmental Search determine?

A

Risk and liability of contamination on the property.

212
Q

What is another name for an Environmental Search?

A

Desktop search.

213
Q

What can a local authority do if the property is found to be contaminated?

A

Serve a notice on the current owner to clean up the contamination.

214
Q

How can you obtain an Environmental Search via NLIS?

A

Use other search providers like Site check.

215
Q

What does a Flood Search determine?

A

Risk of flooding if the property is close to a river or the coast.

216
Q

What insurance scheme is available for most residential properties in case of flooding?

A

Flood Re.

217
Q

What should be considered when determining if the property can be insured at normal rates?

A

Look out for any factors that may affect insurance rates.

218
Q

What does a Canal & River Trust search determine?

A

Information about canals and rivers near the property.

219
Q

What should the buyer be aware of if the property is adjacent to a river or canal?

A

Liability for repairs due to waterway maintenance.

220
Q

What does a physical inspection/survey reveal?

A

Physical defects, occupiers, boundary disputes.

221
Q

When should a Companies House search be used?

A

If the seller is a company.

222
Q

What does a Companies House search check for?

A

Company solvency, existence, name changes, fixed/floating charges.

223
Q

When should a bankruptcy search be used?

A

If the seller is an individual.

224
Q

What does a bankruptcy search ensure?

A

That the property is not subject to bankruptcy proceedings.

225
Q

When should a search of the Index Map (SIM) be conducted?

A

If the land is unregistered.

226
Q

What does a search of the Index Map reveal?

A

Whether the title is fully or partially registered.

227
Q

When should a chancel repair search be conducted?

A

If the land is unregistered or referred in title deeds.

228
Q

What does a chancel repair search reveal?

A

Liability to contribute to church maintenance.

229
Q

How can insurance be obtained against chancel repair liability?

A

Via a search provider (Chancel Check) or personal search of the National Archives.

230
Q

When should a coal mining search be conducted?

A

If mining area apparent from title plan/scenario.

231
Q

What does a coal mining search check for?

A

Chance of property being structurally unsound due to mining.

232
Q

What are the two options for conducting a coal mining search?

A

Coal mining search of the Coal Authority or CON29M form.

233
Q

When should a common land or village greens enquiry be made?

A

As an optional local authority enquiry.

234
Q

What does a common land or village greens enquiry check for?

A

Existence of common land or village greens in the area.

235
Q

What is common land?

A

Land that cannot be built on and affects land use.

236
Q

How can you obtain information about public land in the area?

A

Use form CON29O or send a CON29O search request to the Local Authority.

237
Q

What is the purpose of raising enquiries?

A

To identify issues or defects and ask questions to the Seller.

238
Q

When should the exchange of contracts proceed?

A

After all questions have been answered.

239
Q

What form is used for raising enquiries in residential transactions?

A

Property Information Form.

240
Q

What form is used for raising enquiries in commercial transactions?

A

Commercial Property Standard Enquiries (CPSEs).

241
Q

What is the National Land Information Service (NLIS)?

A

A service that provides accurate and comprehensive information about land.

242
Q

How can a firm save time when using NLIS?

A

By being a member and using a licensed NLIS channel.

243
Q

What may affect a Buyer’s plans if there is public land in the area?

A

Public footpaths, rights of access/grazing, rights to walk cattle on property.

244
Q

Can you build on common land?

A

No, it cannot be built on.

245
Q

What is the purpose of using NLIS?

A

To provide a quicker and easier solution for obtaining land information.

FLK 2 - Property Practice (7 decks)

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