THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 17 CONVEYANCING * CASE STUDY MATERIALS

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1 January 2018 Level 6 CONVEYANCING Subject Code L6-17 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 17 CONVEYANCING * CASE STUDY MATERIALS 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 these case study materials. You will be required to answer all the questions on the examination paper. You should familiarise yourself with these case study materials prior to the examination, taking time to consider the themes raised in the materials. You should take the opportunity to discuss these 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 relate to these 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 except a Statute Book, where permitted, 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 Page 1 of 28

2 ADVANCE INSTRUCTIONS TO CANDIDATES You are a trainee lawyer in the firm of Kempstons, 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 Mr and Mrs Clarke and she has asked you to take over the day-to-day conduct of their matters. She has sent you the following documents: Document 1 Memorandum dated 22 December 2017 Document 2 Attendance note dated 22 December 2017 Document 3 Document 4 Document 5 Document 6 Document 7 Official Copy of the Register for 330a Long Lane, Walton, Liverpool, L9 6DF Extracts from the lease for 330a Long Lane, Walton, Liverpool, L9 6DF Official Copy of the Register and Title Plan for 75 Nightingale Road, Blackrod, Bolton, BL6 5DX Law Society CON 29 Replies to the Enquiries of the Local Authority Standard Conditions of Sale (5th Edition) Page 2 of 28

3 DOCUMENT 1 MEMORANDUM To: Trainee lawyer From: Susan Shah Date: 22 December 2017 Subject: Mr Jeremy and Mrs Cynthia Clarke Sale of 330a Long Lane, Walton, Liverpool, L9 6DF ( Long Lane ) and purchase of 75 Nightingale Road, Blackrod, Bolton, BL6 5DX ( Nightingale Road ) I act for Mr Jeremy and Mrs Cynthia Clarke in relation to their sale and purchase of the above. I attach a copy of my attendance noted dated 22 December 2017 (Document 2). I have obtained an Official Copy of the Register for Long Lane (Document 3) and the lease (Document 4). I have received correspondence from the seller s lawyers enclosing Official Copies of the Register and Title Plan in respect of Nightingale Road (Document 5). I have requested the necessary pre-contract searches and have already received the Replies to the Enquiries of the Local Authority (Document 6). All parties are following the Law Society Conveyancing Protocol. I am also in receipt of the mortgage offer from the Halifax plc and we are instructed to act for it as well. Susan Turn over Page 3 of 28

4 DOCUMENT 2 ATTENDANCE NOTE Date: 22 December 2017 Time engaged: Attending: Clients full names: Address: 42 minutes Susan Shah Jeremy Clarke and Cynthia Clarke 330a Long Lane, Walton, Liverpool, L9 6DF Telephone numbers: Details of purchase (mobile) Property: Seller: Seller s lawyers: 75 Nightingale Road, Blackrod, Bolton, BL6 5DX Mr Bradley Greer Irwin & Co LLP, 267 High St, Bolton, BL3 6SZ (Suita Patel) Purchase price: 135, Contents: Mortgage: Survey: All carpets, curtains and white goods to be included in the purchase price Application to Halifax plc for an 85, loan. We are instructed to act on behalf of the lender Homebuyer Report commissioned Completion date: Beginning of February 2018 Linked transaction: Sale of 330a Long Lane, Walton, Liverpool, L9 6DF Finance: Clients have savings of 5, Costs, etc.: Fixed fee quoted of 550 plus VAT and disbursements. Complaints procedure dealt with and an appropriate engagement letter sent. [te to candidates: not supplied.] Page 4 of 28

5 Other matters: The seller, Mr Greer, has a related purchase. Mrs Clarke has been very ill recently. The clients want to build a small, 3 metre long, single-storey extension to the rear of the property. Details of sale Property to be sold: 330a Long Lane, Walton, Liverpool, L9 6DF Sale price: 90, Fixtures and fittings: Purchaser: All carpets and curtains are included in the purchase price Sarah Platt of 20 Abbey Road, Liverpool, L6 0AS Purchaser s lawyers: Heart and Co, 35 Church St, Liverpool, L1 1DF (Brendon Cole acting) Mortgage: Costs: Other matters: Action taken: Approximately 40,000 owed to Mortgage Express Fixed fee quoted of 475 plus VAT and disbursements The buyer s purchase is dependent on the sale of a small flat Initial correspondence sent to the buyer s lawyers informing them that we will be following the Law Society Conveyancing Protocol and asking them to confirm their instructions. Turn over Page 5 of 28

6 Land Registry DOCUMENT 3 Official copy of register of title Title number MS Edition date This official copy shows the entries subsisting on the register on 22 December 2017 at 11:53:08. 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 22 December 2017 at 11:53:08. Under s.67 of the Land Registration Act 2002 this copy is admissible in evidence to the same extent as the original. This title is dealt with by Land Registry Birkenhead 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. MERSEYSIDE : LIVERPOOL 1 ( ) The Leasehold land shown edged with red on the plan of the above title filed at the Registry and being 330a Long Lane, Walton, Liverpool (L9 6DF). NOTE: Only the first floor flat is included in the title. 2 ( ) Short particulars of the lease(s) (or under-lease(s)) under which the land is held: Date : 2 May 1994 Term : 980 years from 1 January 1994 Parties : (1) WM Investments (Liverpool) Limited (2) Jeremy Clarke and Cynthia Clarke 3 ( ) 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. 4 ( ) Unless otherwise mentioned 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. Page 6 of 28

7 Title number MS ( ) The landlord's title is registered. 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 ( ) PROPRIETOR: JEREMY CLARKE and CYNTHIA CLARKE of 330a Long Lane, Walton, Liverpool, L9 6DF. 2 ( ) RESTRICTION: disposition 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 2 May 2008 in favour of Mortgage Express referred to in the Charges Register. C: Charges Register This register contains any charges and other matters that affect the land. 1 ( ) REGISTERED CHARGE dated 2 May ( ) Proprietor: MORTGAGE EXPRESS (an unlimited company) (Co. Regn ) of P.O. Box 88, Croft Road, Crossflatts, Bingley, West Yorks BD16 2UA and of Bingley Operations Centre, Main Street, Bingley, West Yorks BD16 2LW. 3 ( ) The proprietor of the Charge dated 2 May 2008 referred to above is under an obligation to make further advances. These advances will have priority to the extent afforded by section 49(3) Land Registration Act End of register Turn over Page 7 of 28

8 DOCUMENT 4 Extracts from the lease for 330a Long Lane, Walton, Liverpool, L9 6DF [te to candidates: this document contains relevant extracts from the lease for 330a Long Lane, Walton, Liverpool, L9 6DF. Please assume that any omitted paragraphs and clauses are actually within the lease and are correct.] 5. THE LESSEE COVENANTS with the Lessor: to pay the Rent and other money made payable to the Lessor at the times and in manner as provided without any deduction whatsoever to permit persons and their agents contemplating acquisition of the Lessor s estate and interest in the Development and authorised by the Lessor or the Lessor s agents to inspect the Property at reasonable times and after reasonable notice 6. THE LESSEE with the intent to bind the Property and any person who may be for the time being the owner of an estate in or the occupier of the Property or any part thereof COVENANTS with the Lessor and the Management Company and as a separate covenant with each of the Lessees for the time being of the Dwellings (all of whom the Lessor the Management Company and the Lessees are in this clause collectively called the Covenantees ) for the benefit of the property respectively vested in the Covenantees and each and every part: 6.1 to pay contributions by way of Service Charge to the Management Company equal to the Lessee s Proportion of the amount which the Management Company may from time to time expend and as may reasonably be required on account of anticipated expenditure on rates services repairs maintenance or insurance being and including expenditure described in the Second Schedule AND to pay the Service Charge not later than 14 days of being demanded the contributions being due on demand and if so required in writing by the Management Company or the Lessor to pay the Service Charge by banker s order to a bank or other financial institution account nominated by the Management Company or the Lessor as the case may be at such intervals as the Lessor or Management Company shall direct being not more frequently than monthly 6.2 to observe the regulations set out in the Fifth Schedule 6.3 to pay all rates taxes assessments charges impositions and outgoings which may be at any time during the Term assessed charged or imposed upon or payable in respect of or by the owner or occupier of the Property and in the event of any rates taxes assessments charges impositions and outgoings being assessed charged or imposed in respect of the Building to pay a proper proportion attributable to the Property 6.4 to pay value added tax and any other tax chargeable in respect of payments due from the Lessee or where the Lessee is bound to reimburse or provide indemnity under or in connection with this Lease Page 8 of 28

9 6.5 to keep the Property and all additions in good and tenantable repair and decorative condition (but not to decorate any part of the exterior of the Property including the exterior of external doors and windows of the Property) and forthwith to replace all broken glass and to replace and renew the Lessor s fixtures and fittings which materially reach the end of their useful life the replacement or renewal to be suitable and at least of equal or similar quality 6.6 to keep clean the interior of the windows of the Property 6.8 if the Lessee makes default in the performance of the covenants relating to works of repair decoration reinstatement or renewal to permit the Lessor or the Management Company and persons authorised by the Lessor or the Management Company (but without prejudice to the right of re-entry contained in this Lease) to enter the Property and carry out the works at the expense of the Lessee in accordance with those covenants and to repay the expense of the works to the Lessor or the Management Company (as the case may be) on demand 6.10 not to cut maim or injure the structural parts roofs or walls of the Property or make any structural alterations or additions to the Property 6.11 not to erect any aerial satellite receiving dish or like apparatus 6.12 to view those parts of the Building to which the Lessee has access or which are visible to the Lessee for defects and wants of repair decoration reinstatement replacement or renewal for which the Lessor or the Management Company is responsible and forthwith notify the Lessor and the Management Company of any defects or wants of repair decoration reinstatement or renewal 6.13 to yield up to the Lessor the Property at the expiry or sooner determination of the Term in good repair and decorative order and condition in accordance with the Lessee s covenants with all additions and improvements and all fixtures now and during the Term affixed or fastened to or upon the Property 6.14 to use and occupy the Property as a private dwelling in a single household or family occupation only and not for any other purpose 6.15 not to assign underlet or part with possession of part of the Property as distinct from the whole 6.16 not to assign underlet or part with possession of the Property as a whole without the Lessor s written prior consent; PROVIDED that in connection with the grant of such consent the Lessee must pay the Lessor s reasonable fees in granting such consent and the assignee or underlessee must also comply with the provisions of clause 6.17 Turn over Page 9 of 28

10 6.17 should the Lessee or any underlessee desire to transfer assign or underlet the Property or this Lease or an underlease (except in the case of an underletting for a period not exceeding three years) of the Property to ensure that the transferee assignee or underlessee enters into and executes the appropriate Deed of Covenant (in duplicate) in the form set out in the Sixth Schedule contemporaneously with the transfer assignment or underlease and with alterations as to the deaths of the parties or as other circumstances render necessary and to lodge the Deed of Covenant and the duplicate with and to pay the reasonable fees of the Lessor and the Management Company and of the respective solicitors for the Lessor and the Management Company in connection with the drafting, approval, engrossment and recording of the Deed of Covenant 6.18 upon a devolution or other transmission of the Property, this Lease or an underlease (except in the case of an underletting for a period not exceeding three years) of the Property not coming within paragraph 6.17 of this sub-clause to use his best endeavours to ensure that the person in whom the Property, this Lease or underlease becomes vested as a result of the devolution or transmission enters into and executes the appropriate Deed of Covenant (in duplicate) in the form set out in the Fourth Schedule and with such alterations as the deaths of the parties or as other circumstances render necessary and to lodge the Deed of Covenant and the duplicate with and to pay the reasonable fees of the Lessor and the Management Company and of the respective solicitors for the Lessor and Management Company in connection with the drafting, approval, engrossment and recording of the Deed of Covenant 6.19 within one calendar month of every transfer assignment underlease mortgage or legal charge of the Property, this Lease or an underlease of the Property and also of every Grant of Probate or Letters of Administration, Order of Court or other instrument effecting or evidencing a devolution of the title of the Property, this Lease or an underlease being executed or operating or taking effect or purporting to operate or take effect to provide the respective solicitors for the Lessors and the Management Company s with a certified copy for the purpose of registration and to pay the reasonable fees of the Lessor and the Management Company and of the respective solicitors for the Lessor and the Management Company in respect of each document or instrument so produced 6.20 Upon any transaction or disposition to which the Lessee is a party or over which the Lessee has control involving a transfer or assignment of this Lease to ensure that the transferee or assignee as a result of the transaction or disposition becomes a member of the Management Company and so registered if the Articles of the Management Company so permit Page 10 of 28

11 6.21 upon any devolution or transmission of this Lease to which the Lessee is not a party and over which the Lessee has no control to use the Lessee s best endeavours to ensure that the person in whom this Lease becomes vested as a result of the devolution or transmission becomes a member of the Management Company and so registered if the Articles of the Management Company so permit 6.31 if Rent properly payable (whether demanded or not) or any other monetary payment under this Lease is not paid within 14 days of becoming due then to pay interest on it at the Interest Rate the interest to accrue from day to day commencing on the date when the payment became due until payment is made 2018 The Chartered Institute of Legal Executives Turn over Page 11 of 28

12 Land Registry DOCUMENT 5 Official copy of register of title Title number LA Edition date This official copy shows the entries subsisting on the register on 21 April 2017 at 09:13:55. 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 21 April 2017 at 09:13:55. Under s.67 of the Land Registration Act 2002 this copy is admissible in evidence to the same extent as the original. This title is dealt with by Land Registry, Fylde Office. A: Property Register This register describes the land and estate comprised in the title. GREATER MANCHESTER : BOLTON 1 ( ) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being 75 Nightingale Road, Blackrod, Bolton (BL6 5DX). 2 The mines and minerals together with ancillary powers of working are excepted with provision for compensation in the event of damage caused thereby. 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 ( ) PROPRIETOR: BRADLEY GREER of 75 Nightingale Road, Blackrod, Bolton BL6 5DX. 2 ( ) The price stated to have been paid on 24 August 2011 was 89, ( ) RESTRICTION: disposition 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 24 August 2011 in favour of RBS plc referred to in the Charges Register or their conveyancer. Page 12 of 28

13 Title number LA C: Charges Register This register contains any charges and other matters that affect the land. 1 ( ) Lease dated 2 July 1964 to Simon Smith and Jane Smith for 999 years (less 1 day) from 1 vember ( ) REGISTERED CHARGE dated 24 August ( ) Proprietor: RBS (Co. Regn. SC90312) of Royal Bank House, Cartsdyke Avenue, Cartsburn East, Greenock PA15 1EF. End of register Turn over Page 13 of 28

14 Land Registry Official Copy of Title plan Title number LA Ordinance Survey map reference SD6111 Scale 1:1250 Administrative area Greater Manchester: Bolton [te to candidates: assume that this is a colour copy of the Title Plan and the area bounded by the thick black line is the area edged in red.] Page 14 of 28

15 CASE STUDY MATERIALS DOCUMENT 6 Turn over Page 15 of 28

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17 Part I Local Enquiries 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; Any relevant information is detailed on Page 3 (b) a listed building consent; ne (c) a conservation area consent ne (d) a certificate of lawfulness of existing use or ne development (e) a certificate of lawfulness of proposed use or ne development (f) a certificate of lawfulness of proposed works for listed buildings ne (g) a heritage partnership agreement ne (h) a listed building consent order ne (i) A local listed building consent order ne (j) building regulations approval Any relevant information is detailed on Page 3 (k) a building regulation completion certificate Any relevant information is detailed on Page 3 (l) 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 ROADS AND PUBLIC RIGHTS OF WAY 2.1 Which of the roads, footways and footpaths named in the application for this search (via boxes B and C) are: (a) highways maintainable at public expense Nightingale Road adopted Latham Road adopted (b) subject to adoption and, supported by a bond or bond t applicable waiver; (c) to be made by a local authority who will reclaim the t applicable cost from the frontages; or (d) to be adopted by a local authority without reclaiming t applicable the cost from the frontages? Turn over Page 17 of 28

18 PUBLIC RIGHTS OF WAY 2.2 Is any public right of way which abuts on, or crosses the property, shown on a definitive map or revised definitive map? 2.3 Are there any pending applications to record a public right of way that abuts, or crosses the property, on a definitive map or revised definitive map? 2.4 Are there any legal orders to stop up, divert, alter or create a public right of way which abuts. Or crosses the property not yet implemented or shown on a definitive map? ne ne ne OTHER MATTERS Apart from matters entered on the register of local land charges, do any of the following matters apply to the property? If so, how can copies of relevant documents be obtained? 3.1 Land required for Public Purposes Is the property included in land required for public purposes? 3.2 Land to be acquired for Road Works Is the property included in land to be acquired for road works? 3.3 Drainage Matters Is the property served by a sustainable urban (a) drainage system (SuDS)? Are there SuDS features within the boundary of the (b) property? If yes, is the owner responsible for maintenance? If the property benefits from a SuDS for which there is (c) a charge, who bills the property for the surface water drainage charge? 3.4 (a) (b) (c) (d) 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; Page 18 of 28

19 (e) (f) 3.5 (a) (b) 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? 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? Are there any proposals for a railway, tramway, light railway or monorail within the Local Authority s boundary? 3.6 Traffic Schemes Has a local authority approved but not yet implemented any of the following for the roads, footways and footpaths which are named in Boxes B and C within 200 metres of the boundaries of the property- (a) permanent stopping up or diversion (b) waiting or loading restrictions (c) one way driving (d) prohibition of driving (e) pedestrianisation (f) vehicle width or weight restriction (g) traffic calming works including road humps (h) residents parking controls (i) minor road widening or improvement (j) pedestrian crossings (k) cycle tracks; or (l) bridge building? 3.7 Outstanding tices 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 form? (a) building works; (b) environment; (c) health and safety; (d) housing; (e) highways; or (f) public health? (g) Flood and coastal erosion risk management 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? Turn over Page 19 of 28

20 3.9 tices, 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 (b) a stop notice (c) a listed building enforcement notice; (d) a breach of condition notice; (e) a planning contravention notice; (f) another notice relating to breach of planning control (g) a listed building repairs notice; (h) In the case of a listed building deliberately allowed to fall into disrepair, a compulsory purchase order with a direction for minimum compensation; (i) a building preservation notice; (j) a direction restricting permitted development; (k) an order revoking or modifying planning permission; (l) an order requiring discontinuance of use of alteration or removal of building or works; (m) a tree preservation order; Yes (n) proceedings to enforce a planning agreement or planning contribution? 3.10 Community infrastructure levy (CIL) (a) Is there a CIL charging schedule? (b) If yes, 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:- i. A liability notice? ii. A notice of chargeable development? iii. A demand notice? iv. A default liability notice? v. An assumption of liability notice? vi. A commencement notice? (c) Has any demand notice been suspended? (d) Has the Local Authority received full or part payment for any CiL liability? (e) Has the Local Authority received any appeal against any of the above? (f) Has a decision been taken to apply for a liability order? (g) Has a liability order been granted? (h) Have any other enforcement measures been taken? 3.11 Conservation Area Do the following apply in relation to the property- (a) the making of the area a Conservation Area before 31st August 1974 (b) an unimplemented resolution to designate the area a Conservation Area? 3.12 Compulsory Purchase Has any enforceable order or decision been made to compulsorily purchase or acquire the property? 3.13 Contaminated Land Do any of the following apply (including any relating Page 20 of 28

21 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 controlled waters might be caused on the property):- (a) a contaminated land notice; 01/04/2011 There are currently no entries on the Contaminated Land Register. (b) (c) 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; or 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? As above As above 3.14 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 (3.14) 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 The property is not in a Radon Affected Area, as less than 1% of homes are above the Action Level 3.15 (a) (b) Assets of Community Value Has the property been nominated as an asset of community value? If so:- i. Is it listed as an asset of community value? ii. Was it excluded and placed on the nominated but not listed list? iii. Has the listing expired? iv. Is the Local Authority reviewing or proposing appeals against the listing? v. Are there any appeals against the listing? If the property is listed: i. Has the Local Authority decided to apply to the Land Registry for an entry or cancellation of a restriction in respect of listed land affecting the property? ii. Has the Local Authority received a notice of disposal? iii. Has any community interest group requested to be treated as a bidder? Turn over Page 21 of 28

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23 CASE STUDY MATERIALS DOCUMENT 7 Standard Conditions of Sale (5th Edition) Turn over Page 23 of 28

24 CASE STUDY MATERIALS This Specimen copy of SCS1 has been reproduced for examination purposes only by kind permission of Oyez Professional Services Limited and the Law Society of England and Wales. End of Case Study Materials Page 24 of 28

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