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EWS1 – concerns

March 2025 | Conveyancing

Property practitioners will be aware of the concerns relating to EWS1 certificates issued by Mr Adam Kiziak and his firm Tri Fire. The RICS reminds us that: ‘The EWS1 form is designed to be used for residential properties such as blocks of flats (including those owned by housing associations and social housing providers as well …

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HMLR – squatting

March 2025 | Conveyancing

HMLR has released details of a new resource aimed at the lay person, but it makes useful reading for practitioners as it covers ‘squatting and the law’, more familiarly described as ‘adverse possession.’ It covers: squatting in non-residential properties and relevant crimes that may have been committed; the rights that long-term squatters might have in …

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HMLR – PG26

March 2025 | Conveyancing

HMLR has made a small but important change to PG26 (leases: determination). ‘Section 3 relating to determination on merger has been amended to clarify that an application must be made against all affected titles so that it is clear there is an intention to merge the estates.’ It is important for practitioners to ensure that …

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HMLR – PG8

March 2025 | Conveyancing

HMLR has updated PG8 (execution of deeds): ‘Section 2.7.2 has been amended to clarify that HM Land Registry will accept a certificate by the conveyancer acting for the limited partnership stating that a deed has been duly and properly executed in accordance with the partnership’s constitution.’ Source: www.gov.uk.

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Capacity – international aspects

March 2025 | Wills, probate and administration

Practitioners who don’t routinely advise clients who are moving to, or returning from abroad (or who own foreign assets) should note a new Law Society Practice Note on mental capacity issues in an international context. Its focus is limited to LPAs (property and affairs), EPAs and deputyship. Solicitors are increasingly dealing with matters that involve …

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HMLR – PG27

March 2025 | Conveyancing

HMLR has made a change to PG27 (the leasehold reform legislation). If the impending changes to leasehold are introduced, practitioners must become familiar with PG27. The update is as follows: ‘In section 1 reference has been added to the Leasehold and Freehold Reform Act 2024. Sections 4.1 and 5.3 have been amended as a result …

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LFRA 2024 – judicial review

March 2025 | Conveyancing

The Leasehold Knowledge Partnership (LKP) reports on an issue which will not come as a surprise to many property lawyers: the judicial review proceedings in relation to the Leasehold and Freehold Reform Act 2024. They report that a number of freeholders were granted leave to apply for judicial review to challenge the threat to their …

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HMLR – PG64

March 2025 | Conveyancing

HMLR has made a change to PG64 (prescribed clauses leases) as follows: ‘Section 5.5.2.1 relating to the completion of prescribed clause LR5.2 explains the importance of completing this clause when the provisions of any of the following Acts affect the way in which HM Land Registry must deal with the application: Leasehold Reform Act 1967, …

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HMLR – PG16

March 2025 | Conveyancing

HMLR has updated PG16 (profits a prendre). Not a PG that practitioners will use every day, but important therefore to ensure that the correct forms are used. HMLR reminds us that: ‘A profit a prendre is a right to take something from another person’s land. This could be part of the land itself, such as …

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SRA no win, no fee – public guide

March 2025 | Conduct, practice and risk management

In an interesting departure, the SRA has produced guidance for the public on the use of no win, no fee agreements. Some commentators have questioned whether this is an appropriate step for a regulator – but whatever the merits, the regulated community should be reading the advice that the SRA is handing out. The SRA …

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