THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 19 RESIDENTIAL AND COMMERCIAL LEASEHOLD CONVEYANCING * CASE STUDY MATERIALS
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1 June 2018 Level 3 RESIDENTIAL AND COMMERCIAL LEASEHOLD CONVEYANCING Subject Code L3-19 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 19 RESIDENTIAL AND COMMERCIAL LEASEHOLD 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 into the examination. In the examination, candidates must comply with the CILEx Examination Regulations. Turn over * This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL SERVICES KNOWLEDGE QUALIFICATIONS Page 1 of 8
2 ADVANCE INSTRUCTIONS TO CANDIDATES You are a trainee lawyer with Kempstons Solicitors. You are assisting the conveyancing partner, Alan Waring. You are acting for the following clients in relation to their conveyancing transactions: 1. Daniel Day and Jessica Lewis New clients, Daniel and Jessica, are buying a leasehold property, 16 Celsteel Grove, Longbury. 2. Yasmin Shah Yasmin Shah is buying a newly built property from a firm of developers, Land Abode (Manchester) Limited. The property address is Flat 4, Pinehurst Avenue, Dayton. 3. Jansen Landmark Ventures plc Charles Smith is the Managing Director of Jansen Landmark Ventures plc (Jansen). Jansen is the owner of a building located at 5 Kinsale Court, Longbury. It has agreed a sale of this property to Heydon Limited. Jansen is also negotiating a letting of Unit 15 Stonemason Court Business Park, Longbury, with a new prospective tenant. You have been given the following documents: Document 1 Document 2 Document 3 Document 4 Document 5 File Note relating to Daniel Day and Jessica Lewis Land Registry Official Copy Register Entries for 16 Celsteel Grove, Longbury, Hartshire, LO6 8TY File Note relating to Yasmin Shah File Note relating to Jansen Landmark Ventures plc Extract from the lease for 5 Kinsale Court, Longbury Land Registry Title Plans are NOT included and will NOT be required for this assessment. Page 2 of 8
3 DOCUMENT 1 FILE NOTE 14 MAY 2018 We have been instructed by two new clients, Daniel Day and Jessica Lewis, of 14 Upper Delph Lane, Oxton, Hartshire, OX2 5GH in connection with the matter described below: Purchase of 16 Celsteel Grove, Longbury, Hartshire, LO6 8TY Our clients have instructed us to act for them in their purchase of a 1980s residential leasehold property, 16 Celsteel Grove, Longbury, Hartshire, at an agreed price of 450,000 from Haris Mahmood. Daniel and Jessica are funding their purchase with the aid of a new mortgage loan from Nateast Finance plc, for whom we also act. Page 3 of 8 Turn over
4 DOCUMENT 2 LAND REGISTRY OFFICIAL COPY REGISTER ENTRIES FOR 16 CELSTEEL GROVE OFFICIAL COPY OF REGISTER ENTRIES This official copy shows the entries subsisting on the register on 7 May 2018 at 10:13:16. This date must be quoted as the search from date in any official search application based on this copy. Under s.67 of the Land Registration Act 2002, this copy is admissible in evidence to the same extent as the original Issued on 7 May This title is dealt with by Land Registry Bilston Office LAND REGISTRY TITLE NUMBER: BT Edition date: 15 APRIL 2012 A: Property Register This register describes the land and estate comprised in the title. COUNTY DISTRICT HARTSHIRE Page 4 of 8 TRELFORD 1. (12 October 1988) The leasehold land shown edged red on the plan of the above title filed at the Registry and being 16 Celsteel Grove, Longbury, Hartshire, LO6 8TY. 2. (12 October 1988) The property has the benefit of, but is subject to, the following right mentioned in a conveyance of the freehold estate in the land in this title dated 15 March 1936 and made between (1) Kelvin Piers Waterson (Vendor) and (2) John Gregory Richardson (Purchaser): TOGETHER WITH a right of way for the Purchaser and his successors in title to pass and repass over that part of the land shown hatched brown on the plan attached hereto ( the Accessway ) as does not form part of the Property with or without vehicles for the purpose of gaining access to and egress from the rear of the Property SUBJECT TO the Purchaser paying one sixth of the cost of the maintenance of the Accessway NOTE: The land hatched brown referred to is shown tinted brown on the Title Plan. 3. (12 October 1988) Short particulars of the lease(s)(or under-lease(s)) under which the land is held: DATE : 1 September 1988 TERM : 120 years from and including 1 September 1988 RENT : 150 per annum and additional sums PARTIES : 1. Keddlestone Property Developments Limited 2. Mason Jeffries
5 4. (12 October 1988) 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. (12 October 1988) 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 6. (12 October 1988) The lessor s title is registered under BT 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. (15 April 2012) Proprietor(s) HARIS MAHMOOD of 16 Celsteel Grove, Longbury, Hartshire, LO6 8TY. 2. (15 April 2012) The price stated to have been paid on 3 April 2012 was 346,000. C: Charges Register This register contains any charges and other matters that affect the land. 1. (15 April 2012) REGISTERED CHARGE dated 3 April 2012 to secure the moneys including the further advances therein mentioned. 2. (15 April 2012) Proprietor(s): DILIGENT PROVIDENT BANK PLC of Provident House, Cattletown, Hartshire, CT8 9JK. END OF REGISTER NOTE: A date at the beginning of an entry is the date on which the entry was made in the Register. Turn over Page 5 of 8
6 DOCUMENT 3 FILE NOTE 10 MAY 2018 We have been instructed by an established client of the firm, Yasmin Shah, in connection with: Purchase of Flat 4, Pinehurst Avenue, Dayton, Hartshire, DT2 6YX Our client has instructed us to act for her in the purchase of this new leasehold flat. The flat is part of a new riverside development, which has been built on land which had been historically owned by the Church of England. The seller is Land Abode (Manchester) Limited, who in 2012 purchased the land on which the development has been built. Our client is funding the purchase with the aid of a mortgage. We have been instructed to act on behalf of Facility Lending Bank plc on the grant of the mortgage to Yasmin. Page 6 of 8
7 DOCUMENT 4 FILE NOTE 3 MAY 2018 We have been instructed by an established client of the firm, Jansen Landmark Ventures plc (Jansen). Jansen s Managing Director, Charles Smith, has been in to see me to discuss two of the company s properties at: 5 KINSALE COURT, LONGBURY Jansen is the tenant of a commercial property at 5 Kinsale Court. It has decided to sell this property and has found a potential buyer, Heydon Limited. The buyer has indicated that it will only be interested in the purchase if a number of changes can be made to the building. UNIT 15 STONEMASON COURT BUSINESS PARK, LONGBURY Jansen is negotiating the lease of this business unit at Stonemason Court with a new tenant, Harry Adamson. The proposed lease incorporates an upwards-only open market rent review provision. Turn over Page 7 of 8
8 DOCUMENT 5 EXTRACT FROM THE LEASE OF 5 KINSALE COURT, LONGBURY 14. ALTERATIONS 14.1 The Tenant shall not make any structural alterations to the Property The Tenant shall not make any non-structural alterations to the Property without the prior written consent of the Landlord. End of Case Study Materials 2018 The Chartered Institute of Legal Executives Page 8 of 8
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