the chartered institute of legal executives unit 17 … unit 17 conveyancing csm... · 2015. 4....

CASE STUDY MATERIALS

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June 2015 Level 6 CONVEYANCING Subject Code L6-17

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES

UNIT 17 – CONVEYANCING *


Information for Candidates on Using the Case Study Materials

This document contains the case study materials for your examination.

In the examination, you will be presented with a set of questions which will relate to

the case study materials. You will be required to answer all the questions on the

examination paper.

You should familiarise yourself with the case study materials prior to the examination,

taking time to consider the themes raised in the materials.

You should take the opportunity to discuss the materials with your tutor/s either face-

to-face or electronically.

It is recommended that you consider the way in which your knowledge and

understanding relates to the case study materials.

Instructions to Candidates Before the Examination

You will be provided with a clean copy of the case study materials in the examination.

You are NOT permitted to take your own copy of the case study materials or any other

materials including notes or textbooks into the examination.

In the examination, candidates must comply with the CILEx Examination Regulations.

Turn over * This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6

PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE


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ADVANCE INSTRUCTIONS TO CANDIDATES

You are a trainee lawyer in the firm of Kempstons of The Manor House, Bedford,

MK42 7AB. You have just started work in the Property Department and your supervising partner is Susan Shah.

Susan Shah acts for Sean Littlewood and Grace Reeve and has asked you to take

over the day-to-day conduct of their matters. She has sent you the following documents:

DOCUMENT 1 Attendance Note

DOCUMENT 2 Conveyance dated 13 May 1981

DOCUMENT 3 Deed of Gift dated 23 September 1989

DOCUMENT 4 Official Copy of the Register for 410 Bolton Road, Hawkshaw

DOCUMENT 5 Extracts from the lease of 410 Bolton Road, Hawkshaw DOCUMENT 6 Local Land Charges search results and Replies to Enquiries of

the Local Authority of 410 Bolton Road, Hawkshaw

DOCUMENT 7 Standard Conditions of Sale (5th Edition)

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DOCUMENT 1

ATTENDANCE NOTE

Date: 1st May 2015

Time engaged: 42 minutes

Attending: Susan Shah

Clients Full Names: Sean Littlewood and Grace Reeve

Address: 83 Oakdale Drive, Eccleshill, Bradford, BD10 0JF

Telephone numbers: 0113 345 9292

0270 3873732 (mobile)

Details of Purchase:

Property: 410 Bolton Road, Hawkshaw, BL8 4JA

Seller: Sandra Burton

Seller’s Solicitor: Reality Conveyancing Limited, 26 Monks Street, Bury, BL8

8KJ (Tracy Hulme acting)

Purchase Price: £200,000.00

Contents: All carpets and curtains to be included in the price.

Mortgage: Application to Virgin Money for a £110,000 loan. We are

instructed to act on their behalf.

Survey: Valuation survey done, awaiting results.

Completion Date: Preferably middle of August. The Seller has a related

purchase.

Linked transaction: Purchase to coincide with the sale of 83 Oakdale Drive.

Finance: Balance purchase price to be provided from the sale proceeds

of 83 Oakdale Drive.

Costs etc.: Fixed fee quoted of £600 plus VAT and disbursements. Client

care, I.D. and complaints procedure dealt with and an


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appropriate engagement letter sent (Note to candidates: not

supplied).

Other matters: Sean is an accountant and intends to work from home. He

wants to convert the front room of the property into an office

where he will work and meet and advise clients. These works

would only affect the interior of the property.

Details of Sale

Property to be sold: 83 Oakdale Drive, Eccleshill, Bradford, BD10 0JF

Sale Price: £110,500.

Fixtures and fittings: All carpets and curtains and plants in containers in the garden

to be included in the purchase price with an apportionment of

£1,800.

Purchasers: Faisal Islam and Yasmin Islam both of 63 Hampden Street,

South Bank, Middlesbrough, TS6 6LH.

Purchasers’ Solicitors: Smith and Co Solicitors, Upper Oxford Street, South Bank,

Middlesbrough, TS6 6DF (Jennifer Isles acting).

Mortgage: Not mortgaged.

Costs: Fixed fee quoted of £550 plus VAT and disbursements.

Other matters: Clients have been living together for past four years and are

looking to marry in January 2016 (will refer them to our private

client team).

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DOCUMENT 2

THIS CONVEYANCE is made the Thirteenth day of May One thousand nine hundred and

eighty-one BETWEEN JAMES MASTERSON of 83 Oakdale Drive, Eccleshill, Bradford in

the County of West Yorkshire (hereinafter referred to as “the Vendor”) of the one part and

PHILIP IDLE and SHARON IDLE both of 34 Station Road, Farringdon in the County of

Oxfordshire (hereinafter referred to as “the Purchasers”) of the other part

WHEREAS the Vendor is seised of the property hereinafter described for an estate in fee

simple in possession subject as hereinafter mentioned but otherwise free from incumbrances

AND WHEREAS the Vendor has agreed to sell the said property to the Purchasers for the sum

of EIGHTEEN THOUSAND POUNDS

NOW THIS DEED WITNESSETH as follows:

1. IN consideration of the sum of eighteen thousand pounds paid by the Purchasers to the

Vendor (the receipt of which sum the Vendor hereby acknowledges) the Vendor as

BENEFICIAL OWNER HEREBY CONVEYS unto the Purchasers ALL THAT land and

premises known as 83 Oakdale Drive, Eccleshill, Bradford in the County of West Yorkshire

as is more particularly delineated on the plan annexed to the Conveyance dated 17 day of

June 1953 and made between ADRIAN PHILLPOTS of the one part and the Vendor of the

other part (‘the Conveyance’) SUBJECT TO the restrictive covenants set out in the

Conveyance but otherwise free from incumbrances TO HOLD the Property as beneficial

tenants in common in equal shares.

2. THE Purchasers (with the object of affording to the Vendor a full indemnity in respect of any

breach of the said covenants but not further or otherwise) HEREBY COVENANT with the

Vendor that the Purchasers and the persons deriving title under them will at all times hereafter

perform and observe the said restrictive covenants and keep the Vendor and his estate and

effects indemnified against all actions claims demands and liabilities in respect thereof so far

as the same affects the property hereby conveyed and are still subsisting and capable of being

enforced.

IN WITNESS whereof the parties hereto have hereunto set their respective hands and seals the

day and year first before written: SIGNED SEALED and DELIVERED } by the above named } JAMES MASTERSON in the presence of: } JAMES MASTERSON

Brian McCarthy McCarthy & Co. Solicitors Woodside Park, Leeds


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SIGNED SEALED and DELIVERED } by the above named } PHILIP IDLE PHILIP IDLE in the presence of: }

F. Myerson Frederick Myerson, 18 High Street, Farringdon SIGNED SEALED and DELIVERED } by the above named } SHARON IDLE SHARON IDLE } in the presence of: }

F. Myerson Frederick Myerson, 18 High Street, Farringdon

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DOCUMENT 3

THIS DEED OF GIFT is made the 23 day of September 1989 BETWEEN PHILIP IDLE

and SHARON IDLE both of 83 Oakdale Drive, Eccleshill, Bradford in the County of West

Yorkshire (hereinafter called "the Donors") of the one part and SEAN LITTLEWOOD of 23

Green Lane, Manchester (hereinafter called "the Donee") of the other part.

WHEREAS

(1) The Donors are seised of the property hereinafter described in fee simple in possession

subject as hereinafter mentioned but otherwise free from incumbrances.

(2) The Donors are desirous of conveying the said property to the Donee

NOW THIS DEED made in consideration of the natural love and affection of the Donors for

the Donee WITNESSETH as follows:

1. THE Donors hereby conveys unto the Donee ALL THAT dwellinghouse and

appurtenances thereto belonging known as number 83 Oakdale Drive, Eccleshill, Bradford

in the County of West Yorkshire as is more particularly delineated on the plan annexed to

the Conveyance dated 17 day of June 1953 and made between ADRIAN PHILLPOTS of

the one part and JAMES MASTERSON of the other part (‘the Conveyance’) SUBJECT

TO the restrictive covenants set out in the Conveyance insofar as the same are still

subsisting and capable of being enforced and affect the property hereby conveyed TO

HOLD the same UNTO the Donee in fee simple in possession.

2. The Donee for himself and the persons deriving title under him with the object of affording

the Donors a full and sufficient indemnity but not further or otherwise hereby covenant to

observe and perform the covenants and conditions contained, mentioned or referred to in

the Conveyance so far as the same are still subsisting and capable of taking effect and to

indemnify the Donors and their estates and effects from and against all actions claims and

demands for or on account of the future breach or non performance thereof so far as

aforesaid.

3. It is hereby certified that this Deed falls within category L in the Schedule to the Stamp

Duty (Exempt Instruments) Regulations 1987.

IN WITNESS whereof the Donors and the Donee have hereunto set their hands and seals the

day and year first before written.

SIGNED SEALED and DELIVERED } by the above named } PHILIP IDLE PHILIP IDLE in the presence of: }

M Free

Solicitor, Manchester


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SIGNED SEALED and DELIVERED } by the above named } SHARON IDLE SHARON IDLE } in the presence of: }

M Free

Solicitor, Manchester

SIGNED SEALED AND DELIVERED by the ) Sean Littlewood

said SEAN LITTLEWOOD in the presence of: ) T Jones

Solicitor

Manchester

© 2015 The Chartered Institute of Legal Executives

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DOCUMENT 4

Land Registry

Official copy of register of title

Title number GM2223739 Edition date 20.10.2005

This official copy shows the entries subsisting on the register on 01 May 2015 at 13:58:08.

This date must be quoted as the ‘search from date’ in any official search application based on this copy.

The date at the beginning of an entry is the date on which the entry was made in the register.

Issued on 01 May 2015 at 13:58:08.

Under s.67 of the Land Registration Act 2002 this copy is admissible in evidence to the same extent as the original.

For information about the register of title see Land Registry website www.landregistry.gov.uk or Land Registry Public Guide1 – A guide to the information we keep and how you can obtain it.

This title is dealt with by Land Registry, Fylde Office.

A: Property Register

This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.

GREATER MANCHESTER : BURY

1 (22.01.1975) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being 410 Bolton Road, Hawkshaw (BL8 4JA).

2 The mines and minerals are excepted.

3 (22.01.1975) Short particulars of the lease(s) (or under-lease(s)) under which the land is held: Date : 30 November 1937 Term : 999 years (less 20 days) from 29 September 1933 Rent : £2.11s.10d Parties : (1) James Haslam (2) Arthur Haslam and George Shepherd (3) William Pilling and Maud Pilling

4 There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.

5 The landlord’s title is registered.

6 Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.


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Title number GM2223739

B: Proprietorship Register

This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.

Title absolute

1 (22.01.1975) PROPRIETOR: SANDRA SCOFIELD of 410 Bolton Road, Hawkshaw, Bury, Lancs BL8 4JA.

2 (20.10.2005) RESTRICTION: No transfer or lease of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 19 July 2005 in favour of Northern Rock (Asset Management) PLC referred to in the Charges Register.

C: Charges Register

This register contains any charges and other matters that affect the land.

1 (20.10.2005) REGISTERED CHARGE dated 19 July 2005.

2 (20.10.2005) Proprietor: NORTHERN ROCK (ASSET MANAGEMENT)

PLC (Co.Regn. No. 3273685) of Croft Road, Crossflatts, Bingley, West Yorkshire BD16 2UA.

End of register

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DOCUMENT 5

EXTRACTS FROM THE LEASE OF 410 BOLTON ROAD, HAWKSHAW, BL8 4JA

[NOTE TO CANDIDATES: FOR THE PURPOSES OF THE ASSESSMENT ASSUME THAT YOU HAVE RECEIVED A BLACK AND WHITE COPY OF THE

COMPLETE LEASE THAT CONTAINS ALL OF THE LEASE CLAUSES]

2. THE Lessees for themselves and their assigns - - -

hereby jointly and severally covenant with the Lessor as –

follows:-

(a) To pay the said yearly rent hereinbefore reserved

on the days and in manner aforesaid

(e) Not to erect or permit to be erected upon the

demised

land any dwellinghouse or other building of less -

annual value than Twenty five pounds or otherwise

than in accordance with a plan to be first - - -

approved as aforesaid and will not permit any –

such dwellinghouse or any building when so erected

as aforesaid to be altered without the previous –

consent in writing of the lessor or his surveyor

or agent for the time being

(f) Not to erect any dwellinghouse or other building

for habitation during the said term on any part –

of the demised land fronting to any back street –

or in any other manner than fronting to Bolton –

Road aforesaid as shown by the building line on –

the said plan

(k) At all times during the said term to keep all the

buildings which now are or hereafter be erected –

or standing upon the demised land and their - - -

appurtenances in good tenantable repair and - -

condition in all respects whatsoever and to empty

and cleanse all drains watercourses and cesspools

on the demised property as often as occasion - -

shall require and at the expiration or sooner –

determination of the said term to leave the same

in such repair and condition and so emptied and –

cleansed respectively


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(n) That the Lessees will not assign underlet or part

with the possession of (for any term except from –

year to year) the whole or any part of the demised

property without the previous consent in writing –

of the Lessor and on every such assignment or - -

underletting will give to the Lessor the full name

address and occupation of the sub-lessor or

assignor and of the sub-lessee or assignee and the

dimensions and contents of the land sub-let or

assigned and a description of the buildings

thereupon

(o) Not without first obtaining in writing the consent

of the Lessors to use any building erected on the

demised land or permit or allow the same to be –

used in any other manner than as a private - - -

dwellinghouse and not to carry on or permit to be

carried on upon the demised property the trade –

business or employment of a vintner distiller ale

house tavern or coffee house keeper retailer of –

ale or beer or any trade occupation manufacture –

business or employment which may by the Lessor be

considered as noisome or offensive to the public –

or neighbourhood

3. PROVIDED ALWAYS and these presents are upon this –

condition that if and whenever the said yearly rent - - -

hereinbefore reserved or any part thereof shall be in - -

arrear for thirty days after the same shall have become –

due whether the same shall have been legally demanded or –

not or if and whenever there shall be a breach nonobservance

or nonperformance of any of the covenants by the Lessees -

hereinbefore contained the Lessor or his assigns may - -

re-enter upon the demised property or any part thereof in

the name of the whole and thereupon the said term hereby –

granted shall absolutely determine

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DOCUMENT 6 THE LLC1 RESULTS AND The LLC1 Results and Replies to Enquiries of the

Local Authority (CON29R)

BOLTON COUNCIL – Local Land Charges Act 1975 Schedule to Official Search Certificate No: 26256 PART 2 of REGISTER SPECIFIC FINANCIAL CHARGES

Description of charge (including reference to appropriate statutory provision)

Originating Authority

Amount originally secured and rate of interest (if any) payable

Documents May be inspected at

Date of Reg.

Public Health Act 1961 S:17 Reference: PDR/R: 322246 Notice number: PDR/R: 322246 Date Defaulted: 09/07/2012 TLC ref: FC744533

Bolton Council

£1245.46 plus interest

Town Hall, Bolton

13/12/2012

PART 3 of REGISTER: PLANNING CHARGES




Date of Reg.

Town and Country Planning Act 1990 Article 4 Direction

Bolton Council Town Hall, Bolton

23.04.2012

PART 4 of REGISTER: MISCELLANEOUS CHARGES




Date of Reg.

Clean Air Act 1956 S.11 Smoke Control Order No. 10 Operative 13.01/1964

Bolton Council Town Hall, Bolton

24.06.1965


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Part I Local Enquires 1. PLANNING AND BUILDING REGULATIONS

1.1

Decisions and Pending Applications Which of the following relating to the property have been granted, issued or refused or (where applicable) are the subject of pending applications

(a) a planning permission; None

(b) a listed building consent; None

(c) a conservation area consent None

(d) a certificate of lawfulness of existing use or development

None

(e) a certificate of lawfulness of proposed use or development

None

(f) building regulations approval None

(g) a building regulation completion certificate None

(h) any building regulations certificate or notice issued in respect of work carried out under a competent person self-certification scheme?

The local authority does not hold this information, the owner or occupier of the property should be asked to produce any such certificates.

1.2 Planning Designations and Proposals What designations of land use for the property or the area, and what specific proposals for the property, are contained in any existing or proposed development plan?

Residential Housing Area

2.

ROADS Which of the roads, footways and footpaths named in boxes A and B on the front page are:

(a) highways maintainable at public expense Yes – Bolton Road

(b) subject to adoption and, supported by a bond or bond waiver;

No

(c) to be made by a local authority who will reclaim the cost from the frontages; or

None

(d) to be adopted by a local authority without reclaiming the cost from the frontages?

None

OTHER MATTERS Apart from matters entered on the register of local land charges, do any of the following matters apply to the property?

3.1 Land required for Public Purposes Is the property included in land required for public purposes?

No

3.2 Land to be acquired for Road Works Is the property included in land to be acquired for road works?

No

3.3 (a) (b)

Drainage Agreements and Consents Do either of the following exist in relation to the property- An agreement to drain buildings in combination into an existing sewer by means of a private sewer; or An agreement or consent for (i) a building, or (ii) extension to a building on the property, to be built

No

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over, or in the vicinity of a drain, sewer or disposal main?

No

3.4 (a) (b) (c) (d) (e) (f)

Nearby Road Schemes Is the property (or will it be) within 200 meters of any of the following;- the centre line of a new trunk road or special road specified in any order, draft order or scheme; the centre line of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; the outer limits of construction works for a proposed alteration or improvement to an existing road, involving (i) construction of a roundabout (other than a mini-roundabout); or (ii) widening by construction of one or more additional traffic lanes; the outer limits of (i) construction of a new road to be built by a local authority; (ii) an approved alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; or (iii) construction of a roundabout (other than a miniroundabout) or widening by construction of one or more additional traffic lanes; the centre line of the proposed route of a new road under proposals published for public consultation; or the outer limits of (i) construction of a proposed alteration or improvement to an existing road involving construction of a subway, underpass, flyover, footbridge, elevated road or dual carriageway; (ii) construction of a roundabout (other than a miniroundabout); or (iii) widening by construction of one or more additional traffic lanes, under proposals published for public consultation?

No No No No No No

3.5 Nearby Railway Schemes Is the property (or will it be) within 200 metres of the centre line of a proposed railway, tramway, light railway or monorail?

No

3.6 Traffic Schemes Has a local authority approved but not yet implemented any of the following for the roads, footways and footpaths (named in box A) which abut the boundaries of the property-

(a) permanent stopping up or diversion No (b) waiting or loading restrictions No (c) one way driving No (d) prohibition of driving No (e) pedestrianisation No (f) vehicle width or weight restriction No (g) traffic calming works including road humps No (h) residents parking controls No (i) minor road widening or improvement No (j) pedestrian crossings No (k) cycle tracks; or No (l) bridge building? No


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3.7

Outstanding Notices Do any statutory notices which relate to the following matters subsist in relation to the property other than those revealed in a response to any other enquiry in this section:-

(a) building works; No (b) environment; No (c) health and safety; No (d) housing; No (e) highways; or No (f) public health? No

3.8 Contravention of Building Regulations Has a local authority authorised in relation to the property any proceedings for the contravention of any provision contained in Building Regulations?

No

3.9 Notices, Orders, Directions and Proceedings under Planning Acts Do any of the following subsist in relation to the property, or has a local authority decided to issue, serve, make or commence any of the following:-

(a) an enforcement notice No (b) a stop notice No (c) a listed building enforcement notice; No (d) a breach of condition notice; No (e) a planning contravention notice; No (f) another notice relating to breach of planning control No (g) a listed building repairs notice; No (h) In the case of a listed building deliberately allowed to

fall into disrepair, a compulsory purchase order with a direction for minimum compensation;

No

(i) a building preservation notice; No (j) a direction restricting permitted development; The property is within an

area subject to an Article 4 Direction in respect of all building operations.

(k) an order revoking or modifying planning permission; No (l) an order requiring discontinuance of use of alteration

or removal of building or works; No

(m) a tree preservation order; No

(n) proceedings to enforce a planning agreement or planning contribution?

No

3.10

Conservation Area Do the following apply in relation to the property-

(a) the making of the area a Conservation Area before 31st August 1974

No

(b) an unimplemented resolution to designate the area a Conservation Area?

No

3.11 Compulsory Purchase Has any enforceable order or decision been made to compulsorily purchase or acquire the property?

No

3.12

Contaminated Land Do any of the following apply (including any relating to land adjacent to or adjoining the property which has been identified as contaminated land because it is in such a condition that harm or pollution of

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controlled waters might be caused on the property):-

(a) a contaminated land notice; No

(b) in relation to a register maintained under section 78R of the Environmental Protection Act 1990:- (i) a decision to make an entry; or (ii) any entry;

No

(c)

consultation with the owner or occupier of the property conducted under section78G(3) of the Environmental Protection Act 1990 before the service of a remediation notice?

No

3.13 Radon Gas Do the records indicate that the property is in a “Radon Affected Area” as identified by the Health Protection Agency? Important note - The answer to this question (3.13) is based on an inspection of the Indicative Atlas of Radon in England and Wales (HPA-RPD-033). This publication shows the worst case for each 1km grid square; as a result, a positive answer does not necessarily mean that the property is ‘Radon Affected’; it is merely an indication as to whether further enquiries should be made with the HPA

No

Informative: ‘Radon Affected Area’ means a part of the country with a 1% probability or more of present or future homes being above the Action Level. Such areas are designated by the Health Protection Agency which also advises Government on the numerical value of the ‘Radon Action Level’ (the recommended maximum radon concentration for present homes expressed as an annual average concentration in the home. Radon Concentrations above the Action Level should be reduced below it and become as low as reasonably practicable. The areas are identified from radiological evidence and are periodically reviewed by the Health protection Agency or its predecessor the Nation Radiation Protection Board. Existing homes in Affected Areas should have radon measurements. The present owner should say whether the radon concentration has been measured in the property; whether the result was at or above the Action Level and if so whether remedial measures were installed and whether the radon concentration was re-tested to assess the effectiveness of the remedy. Radon Preventative measures are required for new buildings in the higher risk area. For new properties the builder and/or the owners of properties built after 1988 should say whether protective measures were incorporated in the construction of the property. For further information on radon, including an indicative version of the radon Affected Area map, the associated health risks and common questions and answers is available on the Health Protection Agency (HPA) web site; www.HPA.org.uk/radiation/radon/index.htm. Alternatively information can be requested from HPA by telephone (0800 614529 (24h) or (01235 822622 (D/T) or by writing to radon Studies, Health Protection Agency, Radiation Protection Division, Chilton, Didcot, Oxon, OX11 0RQ


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DOCUMENT 7

STANDARD CONDITIONS OF SALE (5TH EDITION)


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End of Case Study Materials