The Practical Lawyer


CPSE.4 and .6 – new versions

There are new versions of the Commercial Properties Standard Enquiries Forms 4 (supplementary enquiries for commercial leasehold property on assignment) and 6 (supplementary enquiries for properties subject to residential tenancies).
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Conveyancing – not price-dependent

A recent survey shows that the ‘price’ of conveyancing has almost completely stopped being a determining factor when a buyer chooses which conveyancer to use. Apparently, only 11% of buyers choose the cheapest fee quote (down from 20% in 2013). 
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Conveyancing – mortgage abuse

Recently, there has been much focus on identity fraud and cyberfraud. But, it should not be forgotten that practitioners need to also look for more traditional types of fraud – especially those involving lenders. For instance, buy-to-let fraud is still a problem. 
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Receiver – deed of release?

Suppose a property is subject to a fixed charge under a debenture, and that property is now to be sold by a receiver. Will the buyer need a deed of release?
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Overhang – insure?

 If a new development includes an overhang over the public highway (eg a balcony) then it will be necessary to get the appropriate licence from the Highway Authority. Moreover, developers should be aware of the possibility of the airspace above the highway being in third-party ownership, in which case an easement or licence to overhang will need to be negotiated. Without such an easement there is a risk of trespass (which would probably be concluded by payment of a premium for release of the injunction and grant of oversail rights).

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Rectification – not in possession

The Register can be altered (rectified) to correct a mistake. Under Sched 4 LRA 2002:

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Conveyancers – CPUT Regs

As part of the ongoing reform of consumer law, the Consumer Protection from Unfair Trading Regs 2008 have been amended (by 2014 Regs). These revised regs have important implications for conveyancers, and the Law Society has issued guidance on the topic.

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Land Registry – Application Enquiry

The LR now offers a new online service called Application Enquiry (which replaces the Day List Enquiry).

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Acquisition structure – corporate wrapper

 A ‘corporate wrapped’ real estate structure involves the acquisition of UK real estate assets through a special purpose corporate vehicle (SPV) instead of via direct ownership.

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CON29 – intention to develop

It is well known that an LA can be liable for negligent mis-statement if it replies inaccurately to CON29 enquiries. But, what will the damages be?

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