Institute of Legal Executives

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Institute of Legal Executives

Mixed Assessment Route Examination

June 2009

Case Study

Unit 3: Property Transactions

Students to receive case study week commencing: 1 June 2009

Date of sitting case study: 16 June 2009 9.30 am

Candidates should study carefully the following case study in preparation for the examination on 16 June 2009. Candidates will be permitted to use calculators, course materials, other textbooks and notes when sitting examinations.

The examination will consist of 15 minutes reading time followed by 2 hours writing time. During the 15 minutes reading time, candidates may make notes on their question papers.

You are a trainee legal executive with the firm of Crown & Co. You are currently working in the property department with the partner in charge, Ms Lucy Penrose. Mr and Mrs Jackson have instructed your firm in connection with their purchase and Ms Penrose has asked you to assist her in the matter.

Supplied:

File: CONV/87/2009/JACKSON

1. Attendance note dated 7 May 2009 2. Estate agents’ particulars

3. Letter from Gray & Sons dated 15 May 2009 4. Official copy entries

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Page 2 of 5

CROWN & CO

ATTENDANCE NOTE

Date:

7.5.2009

Client/Matter:

Mr and Mrs Jackson: purchase

Interview/Telephone to/from

Attending:

Clients

Attended by:

Lucy Penrose

Time: 1 hour

Clients: Henry Andrew Jackson and Emily Susan Jackson, currently at Flat 11 Riverside Meadtown Wessex MD3 6ER.

Tel: 00113 456873 (home), 00784 4567 (Mr Jackson - mobile) First interview: clients brought in evidence of identification

You have returned to this country after both working abroad for many years and intend to retire and settle down in Meadtown, where Mr Jackson was brought up. You met while working abroad, where Mr Jackson lived for the whole time in company accommodation (not married before and no children). Mrs Jackson was divorced some years ago from first husband, has one grown up son who lives in New Zealand.

Currently renting Flat 11 but you had always planned to buy a property. No property to sell. Your offer of £320,000 has now been accepted on 25A Millgate View Meadtown Wessex MD2 8PH and you instructed Crown & Co to act on purchase. You have given firm’s name to estate agent who will be sending particulars. When you viewed the property, he said that a HIP was available but you did not understand what he meant. The property (25A) is exactly what you want, in a quiet location but near to town. You particularly like the well-kept gardens; the extensive patio would be good for entertaining in the summer and you have plans to add a conservatory.

25A was apparently built about 40 years ago on a piece of land which had originally been part of the rear garden of No. 25, the house at the front of 25A. The main road runs along the front boundary of No 25. It seems that the residents of 25A reach the main road by first using the driveway of No 25 even though there is a longer route available by going along a back lane at the rear of 25A. The seller of 25A (who has owned the property for 18 years) told you about using the drive and said that the previous owner had done this since 25A was built. As far as the seller was aware, there was never any trouble about this. Confirmed to you that position over access would be checked.

The property will be financed as follows: - £185,000 from Mr Jackson - £100,000 from Mrs Jackson

- £35,000 by loan from Meadtown Building Society (already agreed in principle) Confirmed that Crown & Co are on building society panel.

Purchase to be in joint names. Discussed methods of joint ownership and gave estimate of fees and costs. Will notify clients when contract received from seller’s solicitor.

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HYDE & AWAY

Estate Agents and Valuers

(Est.1923)

143 High Street

Brucetown

Wessex

01111 553311

SALE PARTICULARS

Property:

25A Millgate View Meadtown Wessex MD2 8PH

Freehold/Leasehold:

Believed freehold

Seller:

Mr Leo Gregory

Buyer:

Mr and Mrs Jackson

Flat 11 Riverside Meadtown MD3 6ER

Price:

£320,000

Included in sale:

N/A

Deposit paid:

None

Seller’s Solicitors:

Gray & Sons New Chambers High Street Brucetown Wessex BR5 0XR

Buyer’s Solicitors:

Crown & Co 3 Highfield Street Meadtown MD1 3AB (Ms Penrose)

Completion:

As soon as possible

Other comments

:

Seller has already purchased; no upward chain

Buyer has no property to sell; mortgage agreed in principle. Home Information Pack available.

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Page 4 of 5

GRAY & SONS

New Chambers High Street

Brucetown Wessex BR5 0XR

Tel: 11223 905678 email: graysons@legal.co.ok

Partners Our ref: EA/MDL/GREGORY

Simon Gray 15 May 2009

Elvira Alvarez Lisa Chan Crown & Co 3 Highfield Street Meadtown

Wessex MD1 3AB Dear Sirs

Re: 25A Millgate View Meadtown

We act for Mr Leo Gregory and understand that you act for the purchasers Mr and Mrs Jackson who have agreed, subject to contract, to purchase the above property from our client for the sum of £320,000.

We enclose:

1. Draft contract in duplicate with a copy for your use. 2. Home Information Pack.

As our client has purchased another property he will shortly be vacating, and we understand that both parties would like completion to take place as soon as possible. We therefore look forward to hearing from you at an early date with the draft contract approved.

Yours faithfully

E Alvarez

Gray & Sons

Note to candidates: only the official copies from the Home Information Pack have been included in the case study documents.

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This official copy shows the entries subsisting on the register on 9th April 2009 at 12.45:10. 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 the 10th April 2009.

This title is dealt with by the Wessex District Land Registry

Land Registry

Title Number:

WX: 248642

Edition date: 3 December 2003 _______________________________________________________________________

A: Property Register

This register describes the land and estate comprised in the Title

WESSEX : MEADTOWN

1. (2 March 1970) The freehold land shown edged with red on the plan of the above Title filed at the Registry and being 25A Millgate View Meadtown Wessex MD2 8PH.

_______________________________________________________________________

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 (21 July 1990) Proprietor(s): LEO JAMES GREGORY of 25A Millgate View Meadtown Wessex MD2 8PH

_______________________________________________________________________

C. Charges Register

This register contains any charges and other matters that affect the land.

1 (21 July 1990) REGISTERED CHARGE dated 7 July 1990 to secure the moneys including the further advances therein mentioned

2 (21 July 1990) PROPRIETOR: BRUCETOWN BANK PLC of Bank House Brucetown Wessex BR2 8RE

Figure

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