The Practical Lawyer


Green Card – replacement

All conveyancers should know by now that the Green Card warning on property fraud is no longer in existence. Instead, it has been replaced by a new Law Society practice note on mortgage fraud (which came into force on 18 March).

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Equity release – variant

Traditional equity release schemes, which are aimed at helping the elderly who may be asset-rich but cash-poor, have involved either a mortgage or reversion arrangement. Both are now regulated by the FSA.

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HIPs – transitional

The cut-off date for the two transitional arrangements for HIPs has been extended from 1 June 2008 to 1 January 2009.

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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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