Due Diligence for Buyers of Development Land - Live with Katharine Fenn

Introduction

Your client is buying a development site.

What do you need to watch out for?

From initial instructions, through to completion and beyond, you must be on top of your game, working efficiently, anticipating difficulties, looking out for problems, making rights 'stick' and finding commercially acceptable solutions to enable the deal to go through.

This live broadcast over two sessions will take a practical and interactive approach, drawing lessons from recent case law.

What You Will Learn

This live and interactive session will cover the following:

• Searches & enquiries - how to find out about the site
• Ordering searches and reporting on search results - the pitfalls
• Relying on searches ordered by other firms
• Which searches should you do?
• Is the buyer getting what they think they have agreed to buy?
• Delaying factors - invasive species, protected species, ACVs, TVGs, rights of reverter…
• Boundaries & plans
• Vacant possession
• Adverse possession - before and after 2003
• Land Registry
• How to get the best out of them
• How to find out what's going on
• Tidying up titles
• Restrictive covenants
• Enforceability
• Benefit and burden - where do they lie?
• What do they mean?
• Registration - before and after 1925 and 2003
• Rights which benefit the land
• Existing ones
• Do they work?
• Are they adequate?
• Do they bind?
• Registration requirements - before and after 2003
• New ones - what do you need?
• Intensification of use
• Abandonment
• Repairing obligations
• Proposals for reform
• Rights which burden the land
• Do they prevent or hamper the development?
• Lift & shift/can you relocate them?
• Can you terminate them?
• Rights of light
• Damages or injunction?
• Title indemnity insurance
• Additional rights required during construction?
• Access and highways
• What kind of highway?
• Using existing accesses and/or creating new accesses
• Third party land and visibility splays
• Overriding interests
• Those that 'disappeared' in 2013
• Chancel repair liability - the latest thinking

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.