Property (1)
Terms
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- When a property is in the name of an individual, who needs to execute what?
- The individual must execute the contract and purchase deed.
- When a property is in the name of a company, who needs to execute what?
- The company must execute the contract and purchase deed.
- For the purpose of a sale to more than 1 tenant in common, who needs to execute what?
- All of the surviving tenants in common need to execute the contract and purchase deed. As there are at least two trustees, any deceased tenant in common's interest will be overreached.
- How should you handle the sale of a property by a single tenant in common.
- The deceased tenant in common's beneficial interest needs to be overreached by the appointment of a second trustee.
- How is a second trustee appointed?
- By means of a deed of appointment.
- Who will need to execute the contract and purchase deed when you only have one tenant in common?
- The surviving tenant in common and the appointed second trustee.
- For the purpose of single or multiple joint tenants, who needs to execute the contract and purchase deed?
- The surviving or multiple remaining joint tenants. Copy of death cert is required by LR. Legal and beneficial ownership vests in the surviving JTs under the doctrine of survivorship.
- Where does a PR's right to deal with the deceased's estate come from?
- Grant of Representation
- For the purpose of a sale to a PR, does a second trustee need to be appointed?
- No. The payment of monies to a PR overreaches all beneficial interests.
- When did the LRA 2002 come into force?
- 13 October 2003
- Celsteel Limited v Alton House Holdings Limited
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NB: Applies to equitable easements in place before 13 October 2003 (when LRA 2002 come into force).
(1) Old def. of overriding interest will be applied;
(2) Equitable easement will be overriding provided the easement was openly enjoyed. -
NB: Applies to equitable easements in place before 13 October 2003 (when LRA 2002 come into force).
(1) Old def. of overriding interest will be applied;
(2) Equitable easement will be overriding provided the easement was openly enjoyed. - Celsteel Limited v Alton House Holdings Limited
- Are leases of not more than 7 years overriding for the purpose of a registered property's Charges register?
- Yes
- What should you note for the purpose of leases granted in registered land before 12 October 2003.
- If not on the property's charges register, the lease will be subject to an overriding interest, the old definition provided that leases of not less than 21 years would be overriding.
- Does Part 31 of Schedule 2 of the GDPO apply to partial demolitions?
- No so whenever a partial demolition is carried out, planning permission will always be required.
- When must all planning planning documentation be seen and checked by?
- Prior to exchange of contracts
- What should a buyer's solicitor do if there has been a past breach of planning legislation by the seller?
- The buyer's solicitor must ensure that this is dealt with before completion of the purchase by putting a special condition in the contract.
- For the purpose of a buyer's future plans for property, what can a solicitor/buyer do?
- Submit applications for 'outline' planning permission to ascertain whether the council is likely to approve the client's proposals in principle.
- What are the sanctions and enforcement time limits where listed building consent was not obtained?
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(1) Criminal sanctions for original perpetrator;
(2) Rectification works required to be carried out by subsequent owners; and
(3) No time limit - A seller cannot mislead a buyer by concealing physical defects or answering enquiries dishonestly
- Gordon v Selico
- 'Not so far as the seller is aware' should not be said unless the seller has made reasonably investigations into the matter.
- William Sindall Plc v Cambridgeshire County Council
- For the purpose of a sale under the SCPC, what special conditions should you consider adding?
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(1) Indemnity clause
(2) Contracts rights of third parties clause - Components of a indemnity special condition?
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(1) The transferee covenants with the transferor;
(2) To obverse and perform the covenants contained or referred to in;
(3) entry X to the Charges register of TN;
(4) and to indemnity the Transferor against any liability for any future breach or non observance; - Components of a Contracts (Rights of Third Parties) Act 1999 clause?
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(1) A person who is not a party to this contract
(2) will not have any rights under or in connection with it
(3) By virtue of the Contracts (Rights of Third Parties) Act 1999