June 2019 Level 3 CONVEYANCING Subject Code L3-10 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 10 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 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 text books 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 12
ADVANCE INSTRUCTIONS TO CANDIDATES You are a trainee lawyer with Kempstons Solicitors. You are assisting conveyancing partner Susan Shah in two unrelated conveyancing transactions. The two transactions, which are each for different clients, relate to: a sale of 15 Nightingale Road, Cattletown by Jane Melissa Vaut; a purchase of Park Lodge, Grove Lane, Pebblebridge by Alan Palmer and Jenni Tang. More information about the two transactions is contained in the two file notes prepared by Susan Shah (see Document 1) and the following documents: Document 1 Document 2 Document 3 Document 4 Document 5 Document 6 Two file notes prepared by Susan Shah Estate Agent s Particulars of Sale for 75 Nightingale Road, Cattletown Land Registry Official Copy register entries and title plan for 75 Nightingale Road, Cattletown Estate Agent s Particulars of Sale for Park Lodge, Grove Lane, Pebblebridge Land Registry Official Copy register entries for Park Lodge, Grove Lane, Pebblebridge Land Registry Official Copy of Plan B to Conveyance dated 3 November 1988 of Park Lodge, Grove Lane, Pebblebridge Page 2 of 12
DOCUMENT 1 File Note: Mrs Vaut Sale of 75 Nightingale Road, Cattletown We are acting in the sale of 75 Nightingale Road for Jane Melissa Vaut at the price of 255,000. Our client bought 75 Nightingale Road, which is a semi-detached freehold property, several years ago. She currently lives there together with her husband Gerald Vaut, whom she recently married, although the property is owned by Mrs Vaut alone. Her husband owns a house in Wales and they will be moving into that house, once her sale goes through. I have opened a new file for this matter, which currently contains only the Estate Agent's Particulars (Document 2) and the Land Registry Official Copy register entries and title plan (Document 3). Our client would like the sale to be completed reasonably quickly. File Note: Mr Palmer and Miss Tang Purchase of Park Lodge, Grove Lane, Pebblebridge We are acting for Alan Palmer and Jenni Tang in their joint purchase of Park Lodge at a price of 350,000. They will be obtaining a 50,000 mortgage advance from Cattletown Building Society to assist them in the purchase. They will provide the remainder of the purchase price out of their own joint funds. They have been renting until now and so have no property to sell. The property is a former lodge to a large country house nearby. It was sold off from the main property some years ago. It has recently been acquired and renovated by a local building firm, which is now selling the property. The clients may wish to extend the property at some point in the next couple of years, as they are planning to start a family soon. These are new instructions, and all I currently have on the file are the Estate Agent s Particulars (Document 4), the Land Registry Official Copy register entries (Document 5) and an official copy of the conveyance plan referred to in the register (Document 6). Our clients are keen to move out of their rented accommodation and would therefore like an early completion of their purchase. The seller's lawyers have confirmed that they, like our own firm, will be adopting the Law Society's Conveyancing Protocol. Page 3 of 12 Turn over
DOCUMENT 2 WADE AND GRAYSON Estate Agents Tel: 01873 845000 Fax: 01873 845001 30 High Street Cattletown CT5 0JS Estate Agent s Particulars of Sale Property: Seller: Buyer: Tenure: Type of property: 75 Nightingale Road, Cattletown, CT2 5EF Mrs Jane Vaut, 75 Nightingale Road, Cattletown, CT2 5EF Mr Nicholas Danovic, Shire Cottage, Market Street, Pebblebridge, PB1 2AC Freehold with vacant possession Semi-detached two-storey house Price: 255,000 Commission: 2% (plus VAT) payable on completion Seller s lawyers: Kempstons Solicitors, Kempston Manor, Kempston, MK42 7AB (ref: Ms S. Shah) Buyer s lawyers: Bains Montague, 3 Exchange Street, Cattletown, CT1 4DD (ref: Mr A. Bains) Additional information: Sale subject to contract and to buyer s mortgage offer, and survey. Buyer has no dependent sale. Page 4 of 12
DOCUMENT 3 Land Registry Official Copy register entries and title plan for 75 Nightingale Road, Cattletown Land Registry Official copy of register of title Title number CT167592 Edition date 23.08.2015 This official copy shows the entries subsisting on the register on 3 June 2019 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 3 June 2019 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. SUNSHIRE: CATTLETOWN 1 (22.11.1988) The freehold land shown edged with red on the plan of the above title filed at the Registry and being 75 Nightingale Road, Cattletown, CT2 5EF. 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 (23.08.2015) PROPRIETOR(S): JANE MELISSA BENNING OF 75 NIGHTINGALE ROAD, CATTLETOWN, CT2 5EF. 2 (23.08.2015) The price stated to have been paid on 16 August 2015 was 200,000. 3 (23.08.2015) RESTRICTION: No 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 16 August 2015 in favour of Bobbins Bank PLC referred to in the Charges Register. Page 5 of 12 Turn over
C: Charges Register This register contains any charges and other matters that affect the land. 1 (23.08.2015) REGISTERED CHARGE dated 16 August 2015. 2 (23.08.2015) Proprietor: BOBBINS BANK PLC (Co Regn No 0786341) of Grand Building, Fishermans Row, Hains City, HC1 OFJ. End of register Page 6 of 12
Land Registry Official Copy Title Plan for 75 Nightingale Road, Cattletown Land Registry Official Copy of Title plan Title number CT167592 Ordinance Survey map reference SN6111 Scale 1:1250 Administrative area Sunshire: Cattletown [NOTE 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 7 of 12 Turn over
DOCUMENT 4 WADE AND GRAYSON Estate Agents Tel: 01873 845000 Fax: 01873 845001 30 High Street Cattletown CT5 0JS Estate Agent s Particulars of Sale Property: Park Lodge, Grove Lane, Pebblebridge, PB8 3AE Seller: Wingate Property Limited, Quorum House, Blackfriars Road, Pebblebridge, PB4 1DF Buyers: Tenure: Type of property: Mr Alan Palmer and Miss Jenni Tang, 32 East Street, Cattletown, CT4 3BM Freehold with vacant possession Detached two-storey house Price: 350,000 Commission: Seller s lawyers: 2% (plus VAT) payable on completion Paris Andrei, 65 High Street, Cattletown, CT1 3XY (ref: Mr D. Paton) Buyers lawyers: Kempstons Solicitors, Kempston Manor, Kempston, MK42 7AB (ref: Ms S. Shah) Additional information: Sale subject to contract and to buyers mortgage offer, and survey. Buyers have no dependant sale. Seller has no dependant purchase. Page 8 of 12
DOCUMENT 5 Land Registry Land Registry Official Copy register entries for Park Lodge, Grove Lane, Pebblebridge Official copy of register of title Title number PB114832 Edition date 14.01.2018 This official copy shows the entries subsisting on the register on 5 June 2019 at 12:43:05. 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 5 June 2019 at 12:43:05. 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. SUNSHIRE: PEBBLEBRIDGE 1 (10.11.1988) The freehold land shown edged with red on the plan of the above title filed at the Registry and being Park Lodge, Grove Lane, Pebblebridge, PB8 3AE. 2 (10.11.1988) The land has the benefit of the rights reserved by a Conveyance of adjoining land dated 23 September 1937 and made between (1) Benjamin Cockerill (Vendor) and (2) Harvey Bairnsworth (Purchaser): "EXCEPT AND RESERVED unto the Vendor for the benefit of the Vendor's retained land all rights of light and air over the land hereby conveyed." NOTE: the land in this title falls within the Vendor's retained land referred to above. Turn over Page 9 of 12
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 (14.01.2018) PROPRIETOR(S): WINGATE PROPERTY LIMITED (Co. Regn. No. 2569785) of Quorum House, Blackfriars Road, Pebblebridge, PB4 1DF. 2 (14.01.2018) The price stated to have been paid on 10 January 2018 was 275,000. C: Charges Register This register contains any charges and other matters that affect the land. 1 (10.11.1988) The land is subject to the following rights granted by a Conveyance of the land in this title dated 3 November 1988 and made between (1) Roderick Cockerill (Vendor) and (2) Beryl Simpkins (Purchaser): "EXCEPT AND RESERVED unto the Vendor for the benefit of his adjoining property known as Park Hall the right (a) to lay and maintain a sewerage drainage pipe across the land hereby conveyed in the position shown by a dotted brown line on Plan B annexed to this Conveyance and (b) to the free flow of drainage through such pipe." NOTE: Copy conveyance plan filed. 2 (14.01.2018) REGISTERED CHARGE dated 10 January 2018. 3 (14.01.2018) Proprietor: PAN EURO BANK PLC (Co Regn No 0976453) of 36 Exchange Street, Cattletown, CT1 2DF. End of register [NOTE TO CANDIDATES: The Land Registry Title Plan for Park Lodge has not been provided and will not be required for the assessment.] Page 10 of 12
DOCUMENT 6 Land Registry Official Copy of Plan B to Conveyance dated 3 November 1988 referred to in the Charges Register for Park Lodge Land Registry Official copy of Plan B to Conveyance dated 3 November 1988 referred to in the Charges Register Title number PB114832 [NOTE TO CANDIDATES: Assume that this is a colour copy of the conveyance plan and that the brown dotted line referred to in the register is shown as a black dotted line on the above plan.] End of Case Study Materials 2019 The Chartered Institute of Legal Executives Page 11 of 12
BLANK PAGE Page 12 of 12