DISTINCTION GRADE workshop notes and all answers to each prep and workshop task (Workshops 1-9) for 2023. DRAFTED USING TUTOR NOTES. Includes everything you need to know for exams. Simply written and easily understandable.
UNIT 1 – SITE ACQUISITIONS
PREPARATORY TASK 1
Consider the cost, timescale, layout of new buildings of development site and
Transport links and service infrastructure of the development site.
British Ordnance (BO) knows that the land with worth a lot of money. 38 acres. Very
close to the city center and has good rail links. Keen to close a deal quickly. Possible
contamination, desktop enviro searches and other soil investigations. River close by,
should consider risk of flooding also with the marshland. Prior agricultural use could
also raise risk of contamination. Cost of demolition. BO is keen to close a deal
quickly. Has been closed for 10 years. Planning permission for change of use –
nearby residents may complain.
Describe what Third party owns right to mines and minerals, client will be compensated.
entry says
Explain Could cause subsidence if the mining goes wrong.
potential Mining could start again - could cause tremors and inconvenience. If they’re
impact on developing the site- could cause disruptions. Limit the client’s ability to object
client to the works, if there is damage- the holder of the works will be on the person
doing it.
Action required Tell the client the mines are excepted (not included in property) That
excavation could start again. Who owns those rights to mining? Outstanding
land policy?
Has it been exercised recently? Amount of damages paid?
Ask the holder the right if they have any plans to mine in the future.
Search- Mines and Minerals Search- possible licenses that have been
granted.
Identify entry Entry 3 – Property register.
Describe what Vendor ‘may divert the stream, and if the said stream shall be diverted by the
entry says Secretary of State, shall construct and for ever maintain, a ditch to carry away
the water.’
This is a positive covenant- buyer to dig and maintain the ditch if it’s moved.
Is the client bound by this? - would depend on whether there is chain
indemnity in place on the proprietorship register. We can’t rely on what it says
on the indemnity entry on the proprietorship register as it only covers what’s on
the charges register.
Can use Hallsall v Brizell - that if you have the benefit, have to submit to the
burden. Would be in the best interest to maintain it for the client to prevent risk
of flooding.
Action required Inform client. Ask seller - Has the stream been maintained? Has it been
moved? Where is the location of the culvert?
NOTE: Copy plan filed - this means that we can get the copy from the seller
initially/land registry. This could give us the location of the culvert.
Inspection of the culvert - is it in good condition?
Maintenance obligations - what maintenance have they done? What works
have been carried out? How much did it cost?
Any kind of water - commission of flooding search and ask the seller.
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