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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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...


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