,1. Title Investigation
2. Planning and Pre-Contract Searches
3. The Contract
4. Pre and Post Completion
5. Professional Conduct
6. Unregistered Land
7. Security of Tenure
8. Repair, Insurance and Landlord Remedies
9. Term, Rent, Alterations and Use
10. Alienation
11. Rent Review
, 1.TITLE INVESTIGATION
Title Investigation for Registered Freehold Land
What is issue? Why is it issue? How can it be fixed?
Three registers:
Property Register: Property rights and benefitting property
Proprietorship Register: Class of title, owner’s detail and entries affecting the owner’s right
of disposal
Charges Register: Lists charges burdening the property
PROPERTY REGISTER
Right of way/Easements
If property set back from public highway and need to cross someone’s land to access property.
CON 29 – public highways, public rights of way
Check in the property register to see if there is a right of way over someone’s land
Is the right of way adequate for the client?
Who is responsible for maintenance costs of the private land?
Potential future costs of adoption as a public highway? - Buyer may have to contribute to
repair land to an adoptable standard.
Check if the burden is registered in the charges register of the third party’s property.
If unregistered, then register a caution against first registration over burdened land.
‘There are excepted from this registration all mines and minerals.’
Means someone else has mining rights.
PROPREITORSHIP REGISTER
Joint Tenants/Tenants in Common
If there is a restriction, they are tenants in common in equity.
If owner is dead you need to overreach their beneficial interest which has been passed on. need to
Get owner to appoint a second trustee
Obtain deed of appointment
Obtain copy of death certificate
If joint tenants, still need to supply copy of death certificate.
CHARGES REGISTER
Positive Covenant
PC’s are personal and do not bind the land. Buyer will only be bound if there is an indemnity in
proprietorship register.
SCPC 7.6.5: Buyer must enter into indemnity covenant in the TR1
If breach by seller:
Put a special condition in the contract that the seller will comply with obligation before
completion; or
Ask seller for a reduction in purchase price to cover the cost
If no remedy, insurance or seek release
If future breach by buyer:
Warn of possibility enforcement
, Suggest insurance or release
Restrictive covenants
RC’s bind the land so the buyer will become liable.
NB: If the covenant is not extracted but merely referenced, need to obtain a document setting the
covenant out.
Has there been any breaches of the covenant?
Ensure contract contains a special condition that the seller will comply by completion.
Will buyer’s future plans breach the covenant?
Restrictive covenant insurance (consider the age of covenant and if not breached before
will be difficult for insurance company to assess likelihood of PWB suing – premium will be
weighted accordingly)
Release of the covenant by consent of PWB (PWB will likely ask for money) (NB: cannot get
insurance once you have tipped PWB off)
Upper Tribunal Lands Chamber to have the covenant discharged (time-consuming,
expensive, no guarantee of success)
Mortgages
Stops owner dealing with the property without the consent of the lender. Seller needs to get bank to
discharge the mortgage, otherwise buyer will be buying subject to the mortgage.
Get seller’s solicitor draft an undertaking that they will send redemption monies to bank so
bank can discharge mortgage AND that when they receive DS1 they will send to the buyer’s
solicitor
Overriding interests
Unregistered interests override sales of registered land. There are burdens that may not be
on the charges register that still bind a buyer. Schedules 3 and 12 LRA 2002.
Easements: If created before 13 October 2003.
Leases: If no more than 21 years granted before 13 October 2003.
Interests of persons in actual occupation: Occupier must sign a document waiving interest in
the property and agreeing to vacate.
2.PLANNING AND PRE-CONTRACT SEARCHES
, Planning Permission
Pre-contract Enquiries
CPSE Enquiry Issue Why is this an issue? What search needs to be carried out?
Material Changes of Use
Issue: Client wants to change X to X (but it has only been X for a year.)
Problem: This is a problem because client may need to get planning permission/ the previous owner
may not have got planning permission.
Discuss: S57 TCPA states you need planning permission for a development. According to S55 TCPA a
development is either building works or material changes of use. Old use is class X. New use is class
X. Under the Use of Classes Order 1987 this is/isn’t a material change of use because is/isn’t a
change of class. This is/isn’t permitted by the GPDO 2015. Planning permission is/isn’t required.
Building Works
Planning permission? Building Regs Approval? Listed Buildings Consent? Conservation Area?
S57 TCPA states you need planning permission for a development. According to S55 TCPA a
development is either building works or material changes of use.
Unless permitted under Sch 2 GDPO 2015, you need planning permission.
Past Building Works
Check LLC1 and CON 29 for past approvals
Check for Building Regulations Certificate
S171B TCPA Enforcement Periods
Building works 4 years
Material change of use 10 years
4 years if to single dwelling house
Breach of condition 10 years
Pre-Contract Searches
Caveat Emptor principle = Buyer cannot raise issues with the property once contracts have been
exchanged with the seller.
SEARCHES ALWAYS CARRIED OUT SEARCHES CARRIED OUT WHEN RELEVANT
LLC1 (Local Land Charges) * CON29O (Optional Enquires to the Local
Authority) *
CON29 (Local Authority Enquiries) * Company Search
Highways Search * CON29M (Coal Mining and Brine Search)
CON29DW (Drainage and Water Search) Waterway Search
Desktop Environmental Search (e.g. flooding) Phase 1 and 2 Environmental Search (if
something comes from Desktop search)
CPSE1 (Pre-Contract Enquiries of Seller’s Utilities Search
Solicitors)
Surveyor/Structural Inspection
Chancel Repair Search *
SIM (Search of the Index Map)(send to Land
Registry)(tells you if the land is registered or
unregistered)
2. Planning and Pre-Contract Searches
3. The Contract
4. Pre and Post Completion
5. Professional Conduct
6. Unregistered Land
7. Security of Tenure
8. Repair, Insurance and Landlord Remedies
9. Term, Rent, Alterations and Use
10. Alienation
11. Rent Review
, 1.TITLE INVESTIGATION
Title Investigation for Registered Freehold Land
What is issue? Why is it issue? How can it be fixed?
Three registers:
Property Register: Property rights and benefitting property
Proprietorship Register: Class of title, owner’s detail and entries affecting the owner’s right
of disposal
Charges Register: Lists charges burdening the property
PROPERTY REGISTER
Right of way/Easements
If property set back from public highway and need to cross someone’s land to access property.
CON 29 – public highways, public rights of way
Check in the property register to see if there is a right of way over someone’s land
Is the right of way adequate for the client?
Who is responsible for maintenance costs of the private land?
Potential future costs of adoption as a public highway? - Buyer may have to contribute to
repair land to an adoptable standard.
Check if the burden is registered in the charges register of the third party’s property.
If unregistered, then register a caution against first registration over burdened land.
‘There are excepted from this registration all mines and minerals.’
Means someone else has mining rights.
PROPREITORSHIP REGISTER
Joint Tenants/Tenants in Common
If there is a restriction, they are tenants in common in equity.
If owner is dead you need to overreach their beneficial interest which has been passed on. need to
Get owner to appoint a second trustee
Obtain deed of appointment
Obtain copy of death certificate
If joint tenants, still need to supply copy of death certificate.
CHARGES REGISTER
Positive Covenant
PC’s are personal and do not bind the land. Buyer will only be bound if there is an indemnity in
proprietorship register.
SCPC 7.6.5: Buyer must enter into indemnity covenant in the TR1
If breach by seller:
Put a special condition in the contract that the seller will comply with obligation before
completion; or
Ask seller for a reduction in purchase price to cover the cost
If no remedy, insurance or seek release
If future breach by buyer:
Warn of possibility enforcement
, Suggest insurance or release
Restrictive covenants
RC’s bind the land so the buyer will become liable.
NB: If the covenant is not extracted but merely referenced, need to obtain a document setting the
covenant out.
Has there been any breaches of the covenant?
Ensure contract contains a special condition that the seller will comply by completion.
Will buyer’s future plans breach the covenant?
Restrictive covenant insurance (consider the age of covenant and if not breached before
will be difficult for insurance company to assess likelihood of PWB suing – premium will be
weighted accordingly)
Release of the covenant by consent of PWB (PWB will likely ask for money) (NB: cannot get
insurance once you have tipped PWB off)
Upper Tribunal Lands Chamber to have the covenant discharged (time-consuming,
expensive, no guarantee of success)
Mortgages
Stops owner dealing with the property without the consent of the lender. Seller needs to get bank to
discharge the mortgage, otherwise buyer will be buying subject to the mortgage.
Get seller’s solicitor draft an undertaking that they will send redemption monies to bank so
bank can discharge mortgage AND that when they receive DS1 they will send to the buyer’s
solicitor
Overriding interests
Unregistered interests override sales of registered land. There are burdens that may not be
on the charges register that still bind a buyer. Schedules 3 and 12 LRA 2002.
Easements: If created before 13 October 2003.
Leases: If no more than 21 years granted before 13 October 2003.
Interests of persons in actual occupation: Occupier must sign a document waiving interest in
the property and agreeing to vacate.
2.PLANNING AND PRE-CONTRACT SEARCHES
, Planning Permission
Pre-contract Enquiries
CPSE Enquiry Issue Why is this an issue? What search needs to be carried out?
Material Changes of Use
Issue: Client wants to change X to X (but it has only been X for a year.)
Problem: This is a problem because client may need to get planning permission/ the previous owner
may not have got planning permission.
Discuss: S57 TCPA states you need planning permission for a development. According to S55 TCPA a
development is either building works or material changes of use. Old use is class X. New use is class
X. Under the Use of Classes Order 1987 this is/isn’t a material change of use because is/isn’t a
change of class. This is/isn’t permitted by the GPDO 2015. Planning permission is/isn’t required.
Building Works
Planning permission? Building Regs Approval? Listed Buildings Consent? Conservation Area?
S57 TCPA states you need planning permission for a development. According to S55 TCPA a
development is either building works or material changes of use.
Unless permitted under Sch 2 GDPO 2015, you need planning permission.
Past Building Works
Check LLC1 and CON 29 for past approvals
Check for Building Regulations Certificate
S171B TCPA Enforcement Periods
Building works 4 years
Material change of use 10 years
4 years if to single dwelling house
Breach of condition 10 years
Pre-Contract Searches
Caveat Emptor principle = Buyer cannot raise issues with the property once contracts have been
exchanged with the seller.
SEARCHES ALWAYS CARRIED OUT SEARCHES CARRIED OUT WHEN RELEVANT
LLC1 (Local Land Charges) * CON29O (Optional Enquires to the Local
Authority) *
CON29 (Local Authority Enquiries) * Company Search
Highways Search * CON29M (Coal Mining and Brine Search)
CON29DW (Drainage and Water Search) Waterway Search
Desktop Environmental Search (e.g. flooding) Phase 1 and 2 Environmental Search (if
something comes from Desktop search)
CPSE1 (Pre-Contract Enquiries of Seller’s Utilities Search
Solicitors)
Surveyor/Structural Inspection
Chancel Repair Search *
SIM (Search of the Index Map)(send to Land
Registry)(tells you if the land is registered or
unregistered)
