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31 Cards in this Set
- Front
- Back
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After LRA 2002: Are notices still used? If so what for, and what part of the register do they appear in? And what happens to notices placed in register under old Act? |
Yes they're still used They're used to protect any third party interest which is not overriding They register (as before) restrictive covenants and family rights Notices that were placed under old Act continue as they were |
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What are the two types of notices that can be registered (and by type I don't mean restrictive covenant and family right) |
1. Agreed notices: entered with the consent of the proprietor 2. Unilateral notices: enter without any consent from proprietor (Although the proprietor will be informed)
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When a proprietor is informed of a unilateral notice entry, what are they able to do about it? |
They're able to apply for its cancellation |
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What did unilateral notices replace? (think about the nature of how they are entered, ie without proprietors consent) |
Unilateral notices replaced cautions |
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How are unilateral notices and agreed notices entered, ie using what forms? |
Unilateral notices = UN1 Agreed notices = AN1 |
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What are the 2 main differences between cautions entered under LRA 1925 and unilateral notices entered under LRA 2002? Hint: one is about the actual process to register the notice - The other is about what the notice protects |
1. Cautions used to require the proprietor to deposit the physical land certificate to have it amended - unilateral notices only require the filing of form UN1 2. Unilateral notices actually protect the interest in question, cautions just gave notice of a claim. |
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Although home rights (Under Family law Act 1996) are a notice, you would use separate forms from the UN1 and AN1 forms What forms do you use? |
HR1 for application of home rights notice HR4 for cancellation of home rights notice |
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What part of the register do notices appear in? |
The charges register (part C) |
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Are cautions still registrable? |
No Post LRA 2002, they are no longer registrable, but any that existed continue in the same way. Meaning proprietor of the caution will be notified if there are any applications registered against the title - after which point they would have to provide LR with evidence to substantiate their claim or it'll be removed |
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Can proprietors of cautions apply to convert their cautions to unilateral notices? |
Yes |
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Are restrictions still registered? If so what are they for? And how do you register one? |
Yes Used to regulate the circumstances in which disposition may take place You use for RX1 or you can write restriction in the text of a TR1 |
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Are inhibitions still registrable? |
No Inhibitions previously registered prior to LRA 2002 continue as normal Matters that would have formerly been registered as an inhibition are now registered under a restriction |
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So in effect, It is only notices and restrictions that still exist? Cautions and inhibitions are now abolished since LRA 2002 (which took effect on 13 October 2003)? |
Yes |
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There are different classes of title that can be awarded by the LR, the best of these is title absolute. True or false |
True |
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Applications to the LR fall into one of two categories. What are they? |
1. Applications for first registration 2. Applications to change the register |
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There are three types of third party rights in registered land, what are they? |
1. Registered charges 2. Overriding interests 3. Interests which must be protected by entry in register |
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Third party interests that are registered: BEFORE LRA 2002 were registered via: notice/caution/restriction/inhibition AFTER LRA 2002 are now registered via: notice (agreed or unilateral) / or by a restriction. True or false |
True |
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What are the two ratings you will find on the EPC? |
Energy efficiency rating (ie how much bills are) Environmental impact rating (ie how much carbon dioxide is pumped out) |
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What letters are the ratings on the EPC between, and what is best and what is worst? |
A to G A is the best The average home in UK is around D to E |
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Under what Regulation is an EPC required? |
Under the Energy Performance of Buildings (England and Wales) Regulations 2012 |
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Whose duty is it (seller or buyer) to make the EPC available |
The seller has a duty to make the EPC available to the buyer at the earliest opportunity Which should be when they view the property (but in practice can be later cos of 28 day thing) |
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The EPC must be commissioned before the property is... |
Marketed |
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Once the property is on the market, how many days does the seller or the estate agent have to obtain the EPC? |
They are to make all 'reasonable efforts' to obtain it within 7 days of property going on market Past this they have another 21 days (which is a deadline) So they have 28 days past once property on market to obtain EPC |
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What responsibility does estate agents have with regards to the EPC rating and particulars? |
They must state the energy rating on any hard copy or electronic particulars |
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What is the purpose of the EPC? |
To help buyers make their decision (ie whether to buy or not) |
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What legal obligation does the seller have to the buyer of the property, with regards to the EPC? And what is the consequence of not complying with this EPC duty? |
They must give the buyer of the property an EPC Failure to do so is liable for a £200 fixed civil penalty. Enforceable by Trading Standards Officers |
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What can Trading Standards Officers request of estate agents? |
They can request to see evidence of the request for the EPC |
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In the case of newly built homes, the responsibility to provide an EPC falls with... And when must they provide it? |
Falls with the builder/developer They must provide it when the building is completed |
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If a builder is still in the construction process when they put the development on the market, do they obtain an EPC then or... |
No they would obtain a Predicted Energy Assessment (PEA) And when building completed, they then get an EPC |
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An EPC can be reused for 10 years (save for where building work is done and a new EPC would then be required) True or false |
True |
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Buildings that are: Due to be demolished Some Holiday accommodations Some temporary buildings Do not require and EPC True or false? |
True |
