Summary *2025* LPC Commercial Law & Intellectual Property (CLIP) –
BPP Distinction Level Notes & Step-by-Step Exam Solutions
What is the Sellers duty of disclosure? - (answer)Limited to latent incumbrances and
defects in title.
No duty to disclose patent incumbrances or physical defects.
Caveat Emptor.
What is a latent incumbrance? - (answer)Rights burdening the land.
Covenants and easements.
What is a patent incumbrance? - (answer)Rights over the land discoverable on
inspection.
What is in the Official Copies? - (answer)A: Property Register.
B: Proprietorship Register
C: Charges Register
What is the four stage process for investigating title? - (answer)1. Identify extent of
property and rights benefitting.
2. Ensure seller has good title.
3. Identify extent of rights burdening.
4. Ensure buyer can use property for intended purpose.
What process is used to evaluate rights affecting a property? - (answer)1. Are they
adequate for buyer's purpose?
2. Do they require maintenance?
3. Is adoption eminent?
What are the three main buyer pre-completion steps? - (answer)Draft the purchase
deed (TR1).
Submit requisitions on title.
Conduct pre-completion searches.
Section 62 LRA02 - (answer)Title can be upgraded to absolute with correct paperwork.
What are the key things to spot on the Proprietorship Register? - (answer)Class of Title.
Who is selling?
,Joint owners!
Joint tenants are ___. - (answer)Joint owners.
Tenants in common are ___. - (answer)Partial owners.
Survivorship of title applies to ___. - (answer)Joint tenants.
When purchasing property with sole surviving tenant in common you must ___. -
(answer)Appoint second trustee to act for deceased to overreach beneficial interest in
property.
Evidence required to effect sale involving deceased tenant in common: - (answer)Death
certificate.
Deed of appointment for trustee.
Doctrine of survivorship is ___. - (answer)Remaining owner obtains full legal and
beneficial ownership and may execute a sale.
Evidence required to execute a sale involving a Personal Representative: -
(answer)Grant of Representation.
PR must "assent" property:
In writing.
Signed by PR.
In name of beneficiary.
To effect sale with Power of Attorney buyer solicitor should ensure they check ___ for
sale to be valid. - (answer)Power granted by deed.
Acting within powers granted.
Powers not revoked.
Possess original / solicitor certified copy of deed.
What is the presumption of validity for Power of Attorney? - (answer)Powers granted
less than 12 months prior = valid.
More than 12 months = statutory declaration that powers have not been revoked.
What will appear on the Charges Register? - (answer)Mortgages.
Restrictive covenants.
Positive covenants.
Easements.
What covenant issues need to be identified? - (answer)Past breach not remedied.
, Ongoing breach. Possible future breach per buyer's plans for land.
Options for dealing with breaches of covenants: - (answer)1. Old? Obtain insurance.
2. Contact PWB
3. Apply to Lands Tribunal for waiver, discharge.
Why is insurance for a breach of covenant not always ideal? - (answer)Insurance
merely pays out. PWB may require breach to be undone making land useless for
intended purpose.
What should a buyer be concerned with when reviewing restrictive covenants? -
(answer)Continuing past breaches started by the seller.
Potential future breaches by the buyer.
Section 84 LPA - (answer)Application to Lands Tribunal to have covenant waived,
discharged or modified.
What should be checked if buyer wants to conduct building works? - (answer)Is there a
covenant preventing modification or annoyance or nuisance?
Davies v Dennis - (answer)Covenants preventing annoyance or nuisance apply to
building works.
What is unique about positive covenants? - (answer)They do not run with the land.
Buyer to indemnify seller.
Buyer Remedies for seller breach of positive covenants are: - (answer)1. Insurance.
2. Contact PWB.
3. Require seller to remedy (CP)
Legal easements are created by ___. - (answer)Agreement. Prescription.
Necessity.
Implication.
Wheeldon v Burrows - (answer)Legal easements created by: prescription, necessity,
implication etc.
Schedule 3
Paragraph 3
LRA 2002 - (answer)Unregistered legal easement overrides registration of land.
What form is used to transfer part of a registered title? - (answer)TP1
BPP Distinction Level Notes & Step-by-Step Exam Solutions
What is the Sellers duty of disclosure? - (answer)Limited to latent incumbrances and
defects in title.
No duty to disclose patent incumbrances or physical defects.
Caveat Emptor.
What is a latent incumbrance? - (answer)Rights burdening the land.
Covenants and easements.
What is a patent incumbrance? - (answer)Rights over the land discoverable on
inspection.
What is in the Official Copies? - (answer)A: Property Register.
B: Proprietorship Register
C: Charges Register
What is the four stage process for investigating title? - (answer)1. Identify extent of
property and rights benefitting.
2. Ensure seller has good title.
3. Identify extent of rights burdening.
4. Ensure buyer can use property for intended purpose.
What process is used to evaluate rights affecting a property? - (answer)1. Are they
adequate for buyer's purpose?
2. Do they require maintenance?
3. Is adoption eminent?
What are the three main buyer pre-completion steps? - (answer)Draft the purchase
deed (TR1).
Submit requisitions on title.
Conduct pre-completion searches.
Section 62 LRA02 - (answer)Title can be upgraded to absolute with correct paperwork.
What are the key things to spot on the Proprietorship Register? - (answer)Class of Title.
Who is selling?
,Joint owners!
Joint tenants are ___. - (answer)Joint owners.
Tenants in common are ___. - (answer)Partial owners.
Survivorship of title applies to ___. - (answer)Joint tenants.
When purchasing property with sole surviving tenant in common you must ___. -
(answer)Appoint second trustee to act for deceased to overreach beneficial interest in
property.
Evidence required to effect sale involving deceased tenant in common: - (answer)Death
certificate.
Deed of appointment for trustee.
Doctrine of survivorship is ___. - (answer)Remaining owner obtains full legal and
beneficial ownership and may execute a sale.
Evidence required to execute a sale involving a Personal Representative: -
(answer)Grant of Representation.
PR must "assent" property:
In writing.
Signed by PR.
In name of beneficiary.
To effect sale with Power of Attorney buyer solicitor should ensure they check ___ for
sale to be valid. - (answer)Power granted by deed.
Acting within powers granted.
Powers not revoked.
Possess original / solicitor certified copy of deed.
What is the presumption of validity for Power of Attorney? - (answer)Powers granted
less than 12 months prior = valid.
More than 12 months = statutory declaration that powers have not been revoked.
What will appear on the Charges Register? - (answer)Mortgages.
Restrictive covenants.
Positive covenants.
Easements.
What covenant issues need to be identified? - (answer)Past breach not remedied.
, Ongoing breach. Possible future breach per buyer's plans for land.
Options for dealing with breaches of covenants: - (answer)1. Old? Obtain insurance.
2. Contact PWB
3. Apply to Lands Tribunal for waiver, discharge.
Why is insurance for a breach of covenant not always ideal? - (answer)Insurance
merely pays out. PWB may require breach to be undone making land useless for
intended purpose.
What should a buyer be concerned with when reviewing restrictive covenants? -
(answer)Continuing past breaches started by the seller.
Potential future breaches by the buyer.
Section 84 LPA - (answer)Application to Lands Tribunal to have covenant waived,
discharged or modified.
What should be checked if buyer wants to conduct building works? - (answer)Is there a
covenant preventing modification or annoyance or nuisance?
Davies v Dennis - (answer)Covenants preventing annoyance or nuisance apply to
building works.
What is unique about positive covenants? - (answer)They do not run with the land.
Buyer to indemnify seller.
Buyer Remedies for seller breach of positive covenants are: - (answer)1. Insurance.
2. Contact PWB.
3. Require seller to remedy (CP)
Legal easements are created by ___. - (answer)Agreement. Prescription.
Necessity.
Implication.
Wheeldon v Burrows - (answer)Legal easements created by: prescription, necessity,
implication etc.
Schedule 3
Paragraph 3
LRA 2002 - (answer)Unregistered legal easement overrides registration of land.
What form is used to transfer part of a registered title? - (answer)TP1
