property law - unfinished

Question 1

what should you do when title deeds indicate mining has taken place on a property?

Answer 1

enquire as to ground stability and subsidence

Question 2

what should you do if the register reveals a home right?

Answer 2

get the seller to obtain a release of all rights from the occupier

Question 3

what are the consequences of exchange of contracts?

Answer 3

the buyer has a beneficial interest in the property although seller retains legal title

Question 4

when will the court approve alterations under an absolute covenant?

Answer 4

when they
- add to letting value
- are reasonable and suitable to the character of the property
- they do not diminish the value of any other property

Question 5

what is a fixed increase rent review

Answer 5

where a clause in the lease provides that the rent will increase at fixed dates

Question 6

what is an index-linked rent review

Answer 6

where the rent is linked to an external index

Question 7

what is a tenant’s receipts rent review clause?

Answer 7

where rent is linked to tenant’s receipts from use of the property, e.g. turnover

Question 8

what is an open market rent review

Answer 8

rent is adjusted at regular intervals to the open market rental value of the premises, based on agreed assumptions

Question 9

which tenancies are excluded from the 1954 act?

Answer 9

• tenancies at will
• fixed terms for less than 6 months (only excluded for 2 terms)
• fixed terms that are contracted out

Question 10

what can a solicitor do in relation to a mortgage

Answer 10

advise or arrange

Question 11

exceptions to the definition of development

Answer 11

i. maintenance, improvement or alteration which only affects interior or does not materially affect the external appearance of a building
ii. material changes within same use class

Question 12

when must planning permission be implemented

Answer 12

within 3 years of permission being given

Question 13

what is permitted development

Answer 13

i. within curtilage of dwelling house
ii. minor operations
if unsure, apply for certificate of lawfulness

Question 14

how are planning permission breaches dealt with

Answer 14

LPa may serve enforcement notice on anyone with a ninterest in the land, followed by a stop notice. they may file an injunction.

Question 15

time limits for planning law enforcement

Answer 15

4 years for operational development or change of use to a dwelling house, 10 years for all others.

Question 16

enforcement of building regulation control

Answer 16

notice may be served within a year

Question 17

LLC1

Answer 17

local land charges search
- statutory restrictions imposed by LAs

Question 18

CON29

Answer 18

standard enquiries, planning etc

Question 19

CON29O

Answer 19

optional enquiries, environmental notices

Question 20

Con29DW & Commerical DW

Answer 20

drainage and water

Question 21

desktop search

Answer 21

indentifies nay contaminated land

Question 22

CON29M

Answer 22

coal mining search

Question 23

what is a certificate of title

Answer 23

proves good and marketable title to lender. proves property is adequate security.

Question 24

when can solicitor exchange contracts

Answer 24

when client has given permission in writing

Question 25

law soc formulae for exchange of contracts

Answer 25

A: one solicitor holds both parts duly signed
B: each solicitor holds their clients part duly signed
C: chain transactions

Question 26

effect of completion

Answer 26

REGISTERED: must register buyer as proprietor
UNREGISTERED: title has passed to buyer

Question 27

when is stamp duty payable

Answer 27

within 14 days of completion

Question 28

when is a lessee entitled to demand deduction of title

Answer 28

on a lease of over 7 years

Question 29

when must a landlord sign a lease

Answer 29

at least 5 working days before completion

Question 30

who drafts the licence to assign

Answer 30

the landlord’s solicitor but assignor usually covers costs

Question 31

when may contract for assignment be rescinded

Answer 31

by either party if landlord hasn’t given consent by 3 working days before completion.

Question 32

what happens to assignment if landlord hasn’t consented by completion

Answer 32

completion is postponed until 5 working days after the assignor notifies assignee of consent

Question 33

what is CRAR

Answer 33

allows landlord to enter property if 7 days rent is outstanding. must leave items for business up to £1,350. must give notice of 7 days to seize and then sell.

Question 34

what can a landlord pursue guarantor for unpaid rent

Answer 34

if they have served a default notice within 6 months of the breach

Question 35

how do damages for breach of covenant work

Answer 35

only available up to amount that disrepair has damaged reversion value. 7/3 notice must have notice served and the tenant is entitled to serve a counter notice within 28 days.

Question 36

how does forfeiture work for a not rent covenant

Answer 36

landlord can serve s146 notice on tenant requiring remedy & compensation. if tenant doesn’t comply, landlord can effect forfeiture.
7/3 leases require notice to include tenant’s right to serve counter-notice within 28 days

Question 37

what notice is required for contracting out of 1954 act

Answer 37

14 days notice - any less requires statutory declaration

Question 38

s30 grounds of termination

Answer 38

a. repair
b. delay in rent
c. substantial breach
d. alternative accom
e. underletting of part
f. demolish or reconstruct
g. occupy himself if owned over 5 years

Question 39

what are standard terms of renewal under 1954 act

Answer 39

not exceeding 15 years, reasonable terms, open market rent