#10257 - Results Of Searches And Enquiries Ws3 Task 2 - Property Law and Practice
| Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
|---|---|---|---|
| PLANNING | |||
| 1. Is there planning permission for the construction of the building or was planning permission not needed? | - CPSE 12.4 - LLC1 1(a) | Seller does not know if planning permission was obtained but, the property has existed for at least 200 years. Only planning permission from 1976 (2007 PP not fulfilled). | GOOD, Property was passed in 1947. Therefore, property build before 1947 and thus the property is not subject to planning permission. No Further Action Required |
| 2. Is the building being used for its authorised planning purpose? | - LLC1 Part 3 - CPSE 12.5 | Change of use – offices i.e. the use as offices is authorised | Good - use of offices |
| 3. Are there any planning conditions which would prevent the client’s proposed alterations or future use? | - LLC1 Part 3 | Conditions on Planning Permission | Bad - need original copy of Planning Permission Document from the seller’s solicitors or the local authority. |
| 4. Are there any existing breaches of planning law for which action could be taken against the buyer after completion? | - CPSE 12.9 - the seller is not aware of any existing breaches. The category changed to offices in 1976 (29R: 3.7/9). - CON29O: 7 No completion notices - CON29R paras 3.7 & 3.9 | - ‘The seller is not aware of any breaches of planning permission’ - No evidence of unauthorised work - No notices served on the property | No Action CPSE not strong enough; however, no record through Local Searches. |
| 5. Is the building listed or in a conservation area? | - CON 29R 1(b) | - Not Listed building charges for this property. - No listed building repairs notice | No Action Development should not be a problem. Consideration of listed notice not needed. |
| Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
|---|---|---|---|
| ENVIRONMENTAL CONTAMINATION | |||
| 1. Could 3PP be contaminated by past uses? | - CON29R : 19 | No potential contaminative. Historical land uses were identified Low Risk | Tell Client No further action required |
| 2. Could 3PP be contaminated by uses taking place on Neighbouring properties? | Off-site sources’ Environmental Report | Low to moderate risk - Environmental Report Consider Clothing Manufacturer & Petrol station | Good - however still possible ‘moderate’ risk - However, it is worth checking with client and considering a full environmental survey or insurance |
| 3. What does the seller know about any possible contamination? | - CPSE 15 - CON29R 3.12 | NO 15.5 Seller has received no complaints/legal disputes under environmental law 15.7 Seller is not aware of actual, alleged or potential environmental law problems 15.8 No insurance in relation to this | Tell client No further action required |
| 4. If the property is contaminated, would the buyer have to clean it up or remediate contamination in the future? | - Environmental Search - Environmental protection act 1990 | No However, presence of contaminants could lead to liability. Local authority serves remediation notice specifying steps to “Clean up” | If Buyers is aware of contaminants the could be liable. Insurance? Possible reduction of purchase price if there are contaminants |
| 5. Has the LA already served any remediation notices or is it planning to do so? | - 29R: 3.12(a) & 3.12(c) | No notices No consultation with the owner conducted before served of a remediation | - Good |
| Overall GOOD news – advise on full environmental survey is possible, but not fundamental. | |||
| Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
|---|---|---|---|
| ACCESS and SERVICES | |||
| 1. Are all roads giving access to the building public highways maintainable at public expense? | - 29R 2(a) | All public except Drapers’ Alley | - Liable to maintenance - Personal inspection maybe needed/survey |
| 2. If not, is there a s.38 agreement and bond in place? | - 29R 2(b) | No s.38 agreement/bond | - Advise client Make enquiries : Who owns the road, right of way |
| 3. If not, are there roads crucial to 3PP which pass through land in third party ownership and if so, does the seller have any legal rights to use them? | - Map. CPSE Preliminary enquiries of seller 3.1 | Yes. S Believes enjoys right of way over Draper’s Alley by long use | Legal rights? Prescribed Easement - Clevedon used private road for 17 years – need to research previous 3 years before registering with LR |
| 4. How are these private roads maintained? | - 29R 3.4 - 29O Part 4 | No Assumed that owners share maintenance costs | Tell Client Find out costs Physical inspection |
| 5. Are there any proposals for new roads or works to existing roads? | - 29R 3.4 - 29O Part 4 | No | Tell Client |
| 6. Does foul waste and surface water drain away from the building to a public sewer? If not, is there a s.104 agreement and bond in place? | - CON29DW 3 and 4 (Drainage) | Yes. | Tell Client |
| 7. Is the building connected to the mains water supply? If not, is there a s104 agreement and bond in place? | - CON29DW 12 (Drainage) | Yes. | Tell Client |
| Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
|---|---|---|---|
| PHYSICAL STATE AND CONDITION | |||
| 1. Is any part of 3PP in poor repair? | - CPSE Part 8 and 12.7 - 29O 16 | 12.7 planning permission application was granted but repairs never carried out. No maintenance notice given | Get a survey Get a Structural Survey |
| 2. Liable to flooding? | Environmental Search (Flood Solutions Commercial Search) | Moderate Overal risk of flooding | -Inform client -Apply to Argyll -No Flood defences -Get insurance |
| 3. Liable to subsidence? | - Coal Mining (part 9.2) - Environmental search | No notice of subsistence; but past undergrounds works. Coal is still there, but licence could be granted. | Consult an RICS surveyor Review Geotechnical Surveys Get additional information |
| 4. Contain asbestos or other deleterious substances? | - CPSE 8.4/8.6/8.5 - 29O: 18.1 | Seller has no plan in place | Need a survey as no entries Available |
| 5. Are there building regulation consents for any works done? | - 29R 1.1(f) - CPSE 12.7 | One was completed; one completion stage not known. | Need a survey |
| Advise on getting all the surveys carried out before completion | |||
| Aspect (A-E) and Q’s from Task 2 | Where answer found i.e. Authority | Summary of what answer said | Impact of answer (good/bad/ Effect?) |
|---|---|---|---|
| OUTSTANDING TITLE ISSUES AND NEW ISSUES | |||
| 1. Is there any more information about the unilateral notice registered by Hooper Transport Limited? | CPSE 4.1 | ‘The unilateral notice (“UN”) registered by Hooper Transport Ltd relates to an option to purchase which has now expired’ | Delete on register and: -Check with Hooper Transport (“HT”) -Warning-off procedure: Contact the seller who in turn contacts land Registry, who in turn gives HT 15 days to argue that the UN is still valid . If HT does not reply Land Registry will remove the charge. |
| 2. Is there any more information about the missing 1939 covenants? | CPSE 5.1 | The Seller is investigating whether indemnity insurance can be obtained to cover missing covenants. | Watch this space! Ensure to scrutinise terms of policy -These covenants bind the buyer -Contact seller’s solicitors and confirm whether they have insurance. a. if seller has insurance: the buyer is covered by that insurance b. if seller does not have insurance: the buyer should get his own insurance |
| 3. Have there been any breaches of the 1981 covenants? | CPSE 28 | No disputes (4.2.6) | Raise requisitions to Seller’s Solicitors whether they have been any breaches. a. if No breaches consider insurance b. if Yes breaches, consider the breaches |
| 4. Is there any more information about the occupier? | CPSE 16.3 | One tenant on one floor on a four-month lease who will be surrendering early. | -See original doc and surrender. -make it a term of the contract that the property is vacant -Surrender the lease either or both: 1. legal surrender = by deed 2. operational surrender = hand over the lease and counterpart lease |
| 5. What is the significance of the smoke control order? | LLC1 4 | Designed to reduce air pollution, prohibit residents from using solid fuel burning fires in their homes, unless an ‘authorised fuel’ (smokeless fuel) is burnt or the fuel is burnt in an ‘exempt appliance’ which is designed not to emit smoke. | No further action |
| 6. Are the seller’s assurances on VAT sufficient to protect the buyer from having to pay VAT? | CPSE 24 | Seller is registered for VAT | -Need to amend contract (make it a term in the Contract) -Make sure that the purchase price includes the VAT |
purchase it now!
More Property Law And Practice Samples
Ambitious and intelligent students
choose Oxbridge Notes.
- Customer Support
- Sellers FAQ
- Contact Us
- Privacy Policy
- Terms and Conditions
©2024 Oxbridge Notes. All right reserved.