Real Estate Law Overview

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Questions and Answers

What is one of the checks a buyer's solicitor performs when investigating a registered title?

  • Review of last selling price
  • Verification of zoning regulations
  • Inspection of the physical property
  • Matching the title number with the contract (correct)

Which of the following must a buyer's solicitor verify for an unregistered title?

  • The total land area compared to similar properties
  • Evidence that the land was registered after 1990 if required (correct)
  • The seller's financial history related to the property
  • The cost of land taxes for the last 15 years

What does the epitome must show for unregistered titles?

  • The historical ownership timeline
  • A clear description of the landscape
  • A good root of title for at least 15 years (correct)
  • A brief summary of property taxes

Which term refers to the local search conducted by the buyer's solicitor?

<p>Law Society local search (B)</p> Signup and view all the answers

What information does the first part of the Law Society's local search form inquire about?

<p>Local financial land charges (C)</p> Signup and view all the answers

What action may a buyer request if an unregistered title needs registration?

<p>For the seller to register the land prior to sale (C)</p> Signup and view all the answers

In investigating unregistered titles, what must be included in the summary of the title?

<p>An adequate description without creating doubts (C)</p> Signup and view all the answers

Which of the following is NOT a component checked for registered titles?

<p>The seller's credit score (B)</p> Signup and view all the answers

How long should the root of title cover for it to be considered good in unregistered titles?

<p>15 years (A)</p> Signup and view all the answers

What is a potential burden the local search aims to identify?

<p>Local land registrations (D)</p> Signup and view all the answers

Which aspect is NOT covered by the local authority property search instrument?

<p>Competition from nearby properties (A)</p> Signup and view all the answers

What must a buyer's solicitor ensure regarding the charges associated with a property?

<p>Removal of any existing charges from the land charges register (A)</p> Signup and view all the answers

Which of the following is a requirement regarding listed buildings?

<p>Prior approval is needed for demolition, alterations, or extensions (A)</p> Signup and view all the answers

Which statement about planning agreements is true?

<p>They inform about potential future developments on the property (B)</p> Signup and view all the answers

How do preservation orders affect a property?

<p>They protect specific trees, impacting land use (B)</p> Signup and view all the answers

Which of the following is a standard enquiry included in the local authority property search?

<p>Road adoption status by the local authority (A)</p> Signup and view all the answers

What is one of the optional searches that may incur additional fees?

<p>Private road proposals impacting the property (C)</p> Signup and view all the answers

Which of the following correctly describes the purpose of the local authority property search instrument?

<p>It clarifies obligations, fees, and limitations for sellers and buyers (B)</p> Signup and view all the answers

What type of property-related issue would the local authority instrument NOT provide information about?

<p>The architectural design of neighboring buildings (C)</p> Signup and view all the answers

Which of the following statements regarding fees is accurate?

<p>Improvement grants may not appear if they are minor (D)</p> Signup and view all the answers

What is the primary focus of an environmental search conducted by a buyer's solicitor?

<p>To investigate the potential for contamination and clean-up costs. (A)</p> Signup and view all the answers

What specific action must a seller take according to the Town and Country Planning Act 1990?

<p>Obtain planning permission before any land development. (A)</p> Signup and view all the answers

Which of the following searches is relevant when the seller of a property is a company?

<p>Company liquidation search. (A)</p> Signup and view all the answers

In property searches, what aspect does the common land restrictions search primarily address?

<p>Accessibility and development rights of common land. (D)</p> Signup and view all the answers

What should a buyer's solicitor check regarding a property that is stated as unregistered?

<p>Check the index map for registration status. (D)</p> Signup and view all the answers

What is the purpose of a bankruptcy search when a buyer is obtaining a mortgage?

<p>To identify any existing or pending bankruptcy orders against the buyer. (C)</p> Signup and view all the answers

What information is typically assessed in a Commercial Property Standard Enquiry?

<p>Boundaries, condition, fire safety, and planning regulations. (A)</p> Signup and view all the answers

Why is visiting the property important during the purchasing process?

<p>To check for rights-of-way or occupants and assess physical condition. (A)</p> Signup and view all the answers

Which of the following is NOT a typical area of concern for a buyer's solicitor when purchasing property?

<p>Checking the seller's personal reference. (C)</p> Signup and view all the answers

What is the main role of local authorities under planning law?

<p>To impose restrictions on uncontrolled property development. (B)</p> Signup and view all the answers

Flashcards

What is a registered title?

A registered title refers to property registered with the Land Registry, providing a secure record of ownership.

What is investigating a title?

The process of examining a title for any burdens or limitations impacting ownership.

During investigation, what does the solicitor check in a registered title?

The buyer's solicitor ensures the title number in the contract matches the registered title.

What are encumbrances?

Any legal or financial burdens affecting the property, such as mortgages or easements.

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What is an unregistered title?

Unregistered title refers to property not yet registered with the Land Registry, relying on older, less secure methods.

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When investigating an unregistered title, what is the first check?

The solicitor determines if a property should have been registered based on transactions after 1990.

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What is an epitome?

A detailed summary of the property's history and ownership, crucial for unregistered titles.

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What does the solicitor look for in the epitome?

The solicitor checks the epitome to confirm ownership history extending back at least 15 years.

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What does the buyer's solicitor do before signing a contract?

The buyer's solicitor conducts a thorough search to uncover any local charges or burdens on the property.

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What does the first part of the local search cover?

This search focuses on local financial charges or registrations that may impact the property's ownership.

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Water Supply, Metering, and Public Sewers Check

Investigating the source of water, how it's metered, and if there's access to a public sewer.

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Common Land Restrictions Search

Checking for any restrictions on using or developing common land.

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Environmental Search

Looking for any past or present contamination that could affect the property. This helps figure out who's responsible for cleaning it up.

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Registered Property Check

The solicitor verifies if the property is registered with the Land Registry, either fully or partially.

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Company Seller Check

If a company is selling the property, the solicitor researches if there's any chance of the company going out of business.

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Mortgage Buyer Bankruptcy Search

If a buyer is getting a mortgage, the solicitor looks to see if the buyer is involved in any bankruptcy proceedings.

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Property Visit and Inspection

The solicitor goes to the property to check for any shared rights of way, other people living there, and its overall condition.

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Commercial Property Standard Enquiry

For commercial properties, a questionnaire is sent asking about boundaries, conditions, fire safety, and planning regulations.

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Planning Law

Local authorities enforce rules to control how land is developed, preventing chaos.

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Town and Country Planning Act 1990

This law states that anyone building or changing a building needs permission from the local council.

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Local Authority Property Search Instrument

A document that provides information about a property, including fees, charges, planning agreements, and other details.

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Improvement Grants and Fees

If a local authority has paid improvement fees for a homeowner, these fees may not always show on the Charges Register if the amount is relatively small.

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Charge Removal

When charges exist, the buyer's solicitor should inquire about and ensure the repayment and removal of those charges from the land register.

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Development Entries

Details of any planning agreements affecting the property, such as extensions or development plans.

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Preservation Orders

The instrument indicates whether any Tree Preservation Orders affect the property.

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Listed Buildings

A local register reveals whether the property has any listed buildings classified as buildings of historical significance.

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Demolition/Alterations for Listed Buildings

Listed buildings cannot be demolished, extended, or altered without specific consent from the local authority.

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Road Adoption

Indicates whether the road fronting the property is owned and maintained by the local authority.

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Public Rights of Way

The document displays any public rights of way over the property.

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Planning and Building Regulations

This section reveals any planning entries or building regulations affecting the property.

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Study Notes

Investigating Title (Stage 2)

  • The buyer's solicitor checks the title number matches the contract
  • They look for encumbrances (e.g., legal limitations on the property)
  • For unregistered titles, the solicitor checks if the property was registered by 1 December 1990
  • If a defect in title is identified, the best way to resolve it is to enter it into a deed of variation.
  • If the title is not possible, a indemnity insurance may be purchased

Buyer's Pre-Contract Searches

  • The buyer's solicitor conducts a local search.
  • The search form asks about registrations made against the property by the local authority.
  • A good root of title goes back at least 15 years.
  • It includes a description of the legal and equitable interests
  • The search form also checks for matters impacting the property, e.g., planning regulations, boundaries, condition etc.

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