The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Conveyancing

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.

Subscribers only...
 

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.

Subscribers only...
 

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).

Subscribers only...
 

ID – LR guidance

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

Subscribers only...
 

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).

Subscribers only...
 

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).

Subscribers only...
 

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?

Subscribers only...
 

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:

Subscribers only...
 

SCPC – VAT

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.

Subscribers only...
 

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.

Subscribers only...
 


Page 8 of 50

Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

Resources

IAG International
MSI Global Alliance
www.totallylegal.com
Join the IBA now!
In House Lawyer