The Practical Lawyer


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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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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