LAW2020 Online: Residential Property

This recording will consider difficult issues which can arise in conveyancing transactions.

Purchasers’ conveyancers have to be able to spot the potential traps, find a cost-effective to address them, and ultimately decide whether the title is good and marketable.

This presentation consider ways of identifying tricky issues when they arise and looks at possible ways of reducing or neutralising the resulting risks.

Learning aims & objectives:

• Understanding the hazards which can arise in cases where there is no express right of way, the deed containing the right is lost or a right of way is defective
• Being mindful of ambiguities arising when a right of way for the benefit of one parcel of land does not expressly extend to adjoining land
• Being able to spot key dangers of breaches (actual or apprehended) of restrictive covenants pertaining to building works
• Developing a greater awareness of transactions that present a higher risk of undue influence
• Appreciating the pitfalls where there is an absent landlord or defunct management company on leasehold purchases
• Assessing risk when donees under a power of attorney are proposing to dispose of the donor’s property

There are a variety of property-related fraud risks. Often, the key to practitioners protecting themselves from these perils is knowing major warning signs and then taking sufficient steps to avoid inadvertently becoming embroiled in the fraud.

This presentations will consider a range of relevant issues, including recent cases and relevant professional guidance.

This session will cover:

• Becoming cognisant of the key indicators of vendor property fraud and mortgage fraud
• What lessons can practitioners learn from decided cases?
• Learning about emerging fraud risks
• Becoming aware of specific examples of additional due diligence that can be undertaken in higher-risk cases
• Appreciating riskier forms of money transfer in and out of your client account
• Understanding the implications of the 2019 changes to the Law Society’s Code for Completion by Post and related amendments to the Conveyancing Protocol
• Being able to spot signs of trust declarations being used to conceal beneficial ownership
• Ensuring you are aware of and able to follow key AML guidance

This session will cover issues of importance for Residential property practitioners. It will look at recent changes which may impact on advice to clients. Areas to be covered are:

• Overview of the established Law & Practice
• Impact of the Court of Appeal decision in Thorpe v Frank 2019 EWCA Civ 150

Loophole in Law Society Code for Completion by Post:

• Protection offered by the Code for Completion by Post
• Implications of relying on that protection in the light of the precise terms of the Code

Energy Performance Certificates: new requirements for Buy to Let & Listed Buildings:

• Overview of the revised requirements for tenanted property
• Has “clarification” of the requirements for Listed Buildings made the position worse or less clear?

This session will look at significant changes to Land Registry Practice & Practice Guides in place as at May 2020 including a complete U-turn by Land Registry in respect of a proposed change which would have caused significant issues for practitioners.

Topics to be covered are:

• Covid 19 Practice Changes
• Practice Guide 19: Complying with Restrictions
• Practice Guide 63: Land Charges
• Practice Guide 31: Discharge of Mortgages
• Practice Guide 55: Address for Service
• Practice Guide 8: Execution by Companies
• Practice Guide 21: Complex Transfers
• Practice Guide 40: Plans