The Practical Lawyer


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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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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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


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