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Conveyancing

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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Misrepresentation – advice to buyer?

We all know that a buyer who makes misrepresentations in replies to Standard Enquiries can be liable. But, what advice should you give to a buyer who discovers that something is wrong just before the contractual completion date? For instance, suppose the seller of a commercial property has wrongly said that there were no service charge disputes, and the buyer discovers – before completion – that there have indeed been disputes. What should the buyer do?

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SDLT – shared ownership

Anyone involved in a shared ownership purchase should understand that the SDLT calculations can be a nightmare. Different considerations arise depending on whether it is (i) the grant of a new lease, or (ii) the assignment of an existing lease, and/or (iii) the purchase of additional shares by staircasing. 

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Completion – ready, willing and able?

Both the Standard Conditions of Sale and the Standard Commercial Property Conditions state that the time for completion of the contract is not ‘of the essence’, unless a ten-day notice to complete has been served.

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Form LL – conveyancer’s certificate

A private individual can guard against property fraud (through impersonation) by applying for the entry of a restriction on the title in Form LL. The effect of this is that if a document is submitted for registration, then a conveyancer’s certificate must be supplied showing that the person who executed the document was indeed the proprietor.

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