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Conveyancing

UK Finance – disclosure form

The Council of Mortgage Lenders (CML) was merged into the newly formed UK Finance in July 2017 (and the CML Handbook was appropriately renamed in December).

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Grenfell Tower – CPSEs

Do the Commercial Property Standard Enquiries need to be amended, or added to, as a result of the Grenfell Tower fire?

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Lease plan – error

 If it turns out that a lease plan is incorrect then pause for thought before deciding what to do.

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Electronic search fees – VAT!

In an important decision, the FTT has held that the cost of electronic searches on conveyancing transactions is not a disbursement for VAT purposes. Instead, the cost is part of the overall provision of legal services to the client and is thus subject to VAT (on the same basis as any other payment for legal services).

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Notices – death

What happens if a notice is served on someone who is dead? The answer depends on whether or not the person serving the notice knows that the intended recipient has died.  

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CPSE – changes

The Commercial Property Standard Enquiries have been slightly amended (documents 1, 5, and 7).

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Fraud – mandatory guide!

The Law Society and LR have issued a joint note on property and title fraud.  

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First registration – rejection

The LR is tightening its criteria for rejecting applications for first registration (whether freehold or leasehold).

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Pre-emption – protection

If a right of pre-emption (ie a right to buy) does not specifically say that it can be protected at the LR by registration of a restriction, then it is still possible to enter a notice at the LR. However, the UT has now held that it is also possible to enter a restriction (in addition to the notice), even if the agreement does not expressly provide for that, or expressly limited the owner’s powers to make a disposition.

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Replies to enquiries – the basics

A reminder of the basics when replying to standard enquiries:

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Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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