The Practical Lawyer


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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CML – incentives

A reminder that the Council of Mortgage Lenders altered its standard industry conveyancing instructions in September, so you must obtain a ‘disclosure of incentives form’ from the developer’s conveyancer.

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Failure to complete – seller’s position

If a buyer is in default, with the seller having served a notice to complete (making time of the essence), then the seller has two choices, either:

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Law Society – banking collapse

All conveyancers will be familiar with the Law Society guidance published during October’s banking crisis. The key statements were ‘if you have made any express undertakings to pay money, you must honour this even if the bank has collapsed’.

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Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


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