The Practical Lawyer


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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Fraud – false passport

Apparently, the Met is currently looking into over 20 high-value conveyancing scams involving the use of false passports. 

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LR – new ID rules

The LR requires conveyancers to carry out ID checks to reduce the risk of registration fraud.

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DS1 – ID scam

The ID requirements have recently been tightened up, so the scam used in this particular case is unlikely to be exactly repeated.
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Off-plan deposit – buyer’s lien

If a buyer has contracted to buy a property and has paid some or all of the price (eg a deposit) then the buyer will probably have an equitable lien over the property, so as to secure repayment of that amount if the contract is not completed.

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Mortgage – duty to lender

A solicitor obviously has a duty of care when acting on behalf of a mortgage lender.

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Fraud – advice

We have repeatedly made the point that solicitors are being targeted as the middle-man in conveyancing transactions by e-fraudsters. 
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Lease – direct covenant

Many long residential leases contain a covenant requiring the assignee to enter into a deed of covenant with L and any management company (whether a genuine residents management company or a company controlled by L). However, the reality is that such a direct deed of covenant is a complete waste of time and is simply not needed.

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