The Practical Lawyer


Registration gap – dangers

The ‘registration gap’ is the period between the transfer/completion of a property transaction, and the registration of that transaction at the LR. The danger is that an unregistered interest may be registered in that gap (although that will obviously not be possible if the registration is done in a timely way, within the priority period).

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ID – LR guidance

The LR has updated PG 67 (evidence of identity – conveyancers):

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SCPC – special conditions

The 3rd edition of the Standard Commercial Property Conditions sets out various special conditions. There are eight new special conditions – two of which are compulsory (unless they are struck out) with the remaining six being optional (ie they must be ticked).

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Fraud – imposter sellers

All would agree that clarification is urgently needed from the CA on liability for conveyancer fraud (typically, when a fraudster sells a property belonging to someone else).

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Parking rights – easement?

A document (which called itself a ‘lease’) granted ‘parking rights’ over two specific car parking spaces. What was the effect of the document: was it a binding lease, or was it merely an easement?

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SCPC – 3rd edition

A new (3rd) edition of the Standard Commercial Property Conditions has been published. These are of fundamental importance for those involved in the sale or letting of commercial property. There are important changes to VAT, insurance, and special conditions, all of which are dealt with by separate entries below. Otherwise, there are numerous changes to note, including:

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The 3rd edition of the Standard Commercial Property Conditions reverses the previous position on VAT by providing that the seller warrants that the sale of the property will constitute a supply chargeable to VAT at the standard rate.

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SCPC – insurance

The 3rd edition of the Standard Commercial Property Conditions now contains an express statement that the property is at the buyer’s risk from exchange; this was implicit in the 2nd edition but is now express.

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LR – transfer fees

You cannot normally save money on transfer fees by putting more than one transfer in a single document. The fee is payable on the ‘transfer’ (ie the act of transferring), not the deed or form that effects the transfer. Thus, separate fees are required for what are really multiple dispositions. For instance:

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SDLT – transitional rules

If a client is buying off plan, and so exchanging well before the completion date, then it is worth being aware of the traditional transitional rules where there is a change in SDLT. Broadly, if a contract has been entered into before a specific date then the buyer will pay the old (typically lower) SDLT rate, unless on or after that date there has been: 

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