The Practical Lawyer


Notice to complete – standard conditions

If you serve a notice to complete, it is important to specifically state that it is served under Standard Condition 6.8. This avoids any risk of it being construed as a common law notice to complete (which must allow a ‘reasonable time for completion’).

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CML Handbook – incentives

From 1 September, the CML Handbook will require builders and developers of newly built, converted, or renovated properties to complete a ‘disclosure of incentives’ form.

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Company – executing deed

Since 1990, it has not been necessary for a company to have a seal, and the conventional way for a company to execute a deed has become the signature of two directors, or a director and the secretary.

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Crossrail – implications

The Crossrail Act 2008 has now received royal assent. It will have major consequences for conveyancers in London, as well as some outlying areas – such as South Bucks, Slough, and Windsor & Maidenhead. Indeed, it affects 19 LAs.

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Spanish property – demolition

Clearly, no English solicitor in his or her right mind is going to give advice on the purchase of Spanish property unless also qualified as a Spanish Abogado.

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Land Registry – original documents

Since July, the LR has been scanning all documents and correspondence. The problem with this is that they will not return anything they have scanned.

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Unstamped document – no effect

A recent case neatly illustrates the dangers of relying on unstamped documents. The case itself involved a ‘right to buy’ scam whereby a council T exercised his ‘right to buy’ having first fixed up a deal with the Buyer.

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Lock-out agreement – effect?

A prospective buyer and seller can agree that, for a fixed period of time, the seller will not negotiate with anyone else, and the parties will proceed in good faith.

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Completion – late payment

Time only becomes of the essence when a notice to complete has been served. Thereafter, any delay can be fatal to the buyer (who may then lose his deposit).

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Land Registry – new forms

Do not forget that from 10 November, all LR forms will change. The new versions of AP1, FR1 and DS2 are mandatory for all applications received on or after 10 November.

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