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Conveyancing

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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SDLT – 3% extra

There is much concern about the 1 April 2016 implementation of the 3% additional SDLT rate on purchases of additional residential properties.

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Land Registry – updated

The LR aims to identify any defects, and so reject a defective application, on the day it is received. And it will not normally reject an application once it has been with the LR for three business days – but that period has now been extended to five business days (ie the LR has given itself an extension of two business days in deciding whether or not to reject an application). Note that this time period does not apply to applications lodged without a fee or applications for a discharge.

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Law Society – Veyo

The Law Society has quietly abandoned its high-profile conveyancing project, Veyo. Over 1,800 law firms had ‘expressed an interest’ in the project, with about 80 signing up to work on the first development phase.

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CON 29 – July 2016

   A new version of CON29 (and Optional Enquiries, CON 29 O) was first announced in February 2014. They will (finally) come into use on 4 July 2016.

 

Land Registry – e-mail

LR e-mail addresses are changing from 30 January 2016 (the ‘gsi’ disappears from the e-mail address – thus '@landregistry.gsi.gov.uk' becomes '@landregistry.gov.uk'. Clearly, all systems with pre-loaded e-mail addresses need to be updated.

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Retirement flats – event payments

Retirement property leases will often contain an ‘event fee’ clause requiring the lessee to pay a fee in certain circumstances. For instance, this might be on sale, but it may also apply (to the surprise of the lessee) if a carer moves in, or if the lessee goes into residential care, or even if the lessee simply wants to sub-let or take out an equity release mortgage. At the same time, event fees might be charged in return for the deferral of service charge fees (with the fees then being paid on disposal, with the proceeds either going to the developer or into the maintenance fund).

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Professional – update
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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?
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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
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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: Read more...

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