A Practical Approach to Conveyancing

2019 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Cost Effective ◽  
Practical Approach ◽  
Identity Fraud ◽  
Land Registration ◽  
Recent Developments ◽  
Practical Guidance ◽  
The Law ◽  
Stamp Duty ◽  
Everyday Problems ◽  
Law Commission

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This 21st edition has been fully updated with recent developments in the area, including the implications of recent identity fraud cases, changes to conveyancing searches and stamp duty, the new SRA transparency rules, and proposed changes to the Land Registration Act 2002 published by the Law Commission.

A Practical Approach to Conveyancing

2017 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Cost Effective ◽  
Practical Approach ◽  
Land Registration ◽  
Recent Developments ◽  
Land Transaction ◽  
Practical Guidance ◽  
Transaction Tax ◽  
Everyday Problems ◽  
Law Commission ◽  
Shared Ownership

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This nineteenth edition has been fully updated with recent developments in the area, including coverage of the Land Transaction Tax, developments affecting ‘Help to buy’ shared ownership schemes, the facilitation of e-conveyancing as part of the 2003 Land Registration Rules, and proposed changes to the Land Registration Act 2002 currently under review by the Law Commission.

A Practical Approach to Conveyancing

2018 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Cost Effective ◽  
Practical Approach ◽  
Land Registration ◽  
Recent Developments ◽  
Land Transaction ◽  
Practical Guidance ◽  
Transaction Tax ◽  
Everyday Problems ◽  
Law Commission ◽  
Shared Ownership

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This nineteenth edition has been fully updated with recent developments in the area, including coverage of the Land Transaction Tax, developments affecting ‘Help to buy’ shared ownership schemes, the facilitation of e-conveyancing as part of the 2003 Land Registration Rules, and proposed changes to the Land Registration Act 2002 currently under review by the Law Commission.

A Practical Approach to Conveyancing

2016 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Cost Effective ◽  
Practical Approach ◽  
Recent Developments ◽  
Practical Guidance ◽  
Stamp Duty ◽  
Everyday Problems

A Practical Approach to Conveyancingtakes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This eighteenth edition has been fully updated with recent developments in the area, including changes to the CQS accreditation scheme, stamp duty land tax, the Infrastructure Bill 2015, and the establishment of a single Local Land Charges service. It also includes additional practical examples of land registry forms.

A Practical Approach to Conveyancing

2020 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Money Laundering ◽  
Flood Risk ◽  
Cost Effective ◽  
Practical Approach ◽  
Contaminated Land ◽  
Mortgage Fraud ◽  
Recent Developments ◽  
Standards And Regulations ◽  
Practical Guidance ◽  
Everyday Problems

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This 22nd edition has been fully updated with recent developments in the area, including new SRA Standards and Regulations, the updated Conveyancing Protocol and Property Information Form, and the latest Law Society practice notes dealing with important issues such as client information requirements, flood risk, mortgage fraud, contaminated land, and money laundering. It also considers the new code for leasing business premises.

4. Registration of title

2020 ◽  
pp. 78-120
Author(s):  
Sandra Clarke ◽  
Sarah Greer
Keyword(s):  
Land Registration ◽  
Commission Report ◽  
The Subject ◽  
The Law ◽  
The Government ◽  
Law Commission

This chapter examines registration of title, commonly called registered land, another fundamental reform of the 1925 property legislation. The first attempt at universal registration of title to land was the Land Registration Act 1925. This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law. Any transfer of land that is not yet registered will trigger registration of title, and thereafter the land will be subject to the law on registration. The government has announced a commitment to comprehensive registration of title by 2030. The chapter deals with the principles of registration; first registration of title; substantive registration; interests protected by notice, restriction, and overriding interests; alteration and rectification of the register; the correction of mistakes in the register and the payment of indemnity or compensation for mistakes. Proposals for reform are also discussed.

Gently Reforming Land Registration: The Latest Law Commission Report and Draft Bill

1996 ◽  
Vol 55 (2) ◽  
pp. 241-248
Author(s):  
Louise Tee
Keyword(s):  
Land Registration ◽  
Fourth Report ◽  
Commission Report ◽  
The Law ◽  
Draft Bill ◽  
Substantive Law ◽  
Law Commission

Land registration has long proved a source of concern to the Law Commission. Its Third Report in 1987 recommended significant changes to the substantive law; its Fourth Report subsequently incorporated these changes into a comprehensive draft Land Registration Bill which was intended to replace the Land Registration Act 1925 with a modern, simpler statute.

8. Formal Methods of Acquisition: Contracts, Deeds, and Registration

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Formal Methods ◽  
Legal Rights ◽  
Land Registration ◽  
Three Stages ◽  
The Creation ◽  
The Law ◽  
Law Commission ◽  
Fundamental Objective ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. Non-compliance results in a document being void as a contract for sale of land, but a valid contract may be obtained through use of collateral contracts or rectification. The Law Commission had envisaged the use of estoppel in appropriate cases in which formality requirements for a contract for sale were not complied with. The fundamental objective of the Land Registration Act 2002 (LRA 2002) is directly associated with the introduction of e-conveyancing. The goal of attaining e-conveyancing has not been deserted, but its introduction appears just as far away now as it did when the LRA 2002 passed into law.

Agency

2016 ◽  
Author(s):  
Munday Roderick
Keyword(s):  
Case Law ◽  
Third Parties ◽  
Third Party ◽  
Practical Approach ◽  
Reference Guide ◽  
Detailed Explanation ◽  
Council Directive ◽  
Recent Developments ◽  
The Law

Questions of agency regularly arise in the work of commercial practitioners. This book provides a reference guide to the main principles of agency law, including detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993. Analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. It includes discussion of the actual authority and apparent authority of an agent, agency of necessity, warranty of authority and ratification, looking at the legal relations between principal and both agent and third parties, as well as the relations between agent and third party, sub-agency, and termination of agency. This book emphasizes contemporary case law, and has been fully revised and updated in response to significant recent developments.

scholarly journals Living outside the system? The (im)morality of urban squatting after the Land Registration Act 2002

Legal Studies ◽  
2007 ◽  
Vol 27 (2) ◽  
pp. 236-260 ◽  
Author(s):  
Neil Cobb ◽  
Lorna Fox
Keyword(s):  
Moral Issues ◽  
Land Registration ◽  
The Matrix ◽  
Adverse Possession ◽  
Explicit Consideration ◽  
The Subject ◽  
The Law ◽  
Law Commission

The Land Registration Act 2002 (LRA 2002) has effectively curtailed the law permitting the acquisition of title through adverse possession in relation to most types of adverse possessor, including the paradigmatic urban squatter. While the traditional principles for the acquisition of title through adverse possession enabled a squatter to secure rights in land ‘automatically’ after 12 years, under the LRA 2002 an urban squatter seeking to defend their possession of land in this way must now apply to the Land Registry, who will serve a notice on the registered proprietor alerting them to his or her presence. This procedure provides the landowner with an opportunity to recover possession of the property before the squatter’s occupation has given rise to any claim on the title to the land. On the whole, these reforms have been presented as, and accepted as being, wholly justified in the context of a modern regime of ‘title by registration’. This paper argues, however, that the reform of adverse possession also implements a contentious moral agenda in relation to advertent squatters and to absent landowners. While these provisions of the LRA 2002 will have important practical and philosophical consequences, the Law Commission has attempted to close off any prospect of further debate on the subject, without explicit consideration of current social and housing issues associated with urban squatting, or of the matrix of moral issues at stake in such cases.

5. Land Registration

2020 ◽  
pp. 115-161
Author(s):  
Emma Lees
Keyword(s):  
Human Error ◽  
Land Law ◽  
Registration System ◽  
Land Registration ◽  
The Third ◽  
Human Creativity ◽  
The Law ◽  
Law Commission ◽  
The Way

This chapter explores how the English land law land registration system works in practice. The land registration system achieves three goals. The first is as a method of controlling the way in which rights are created. The second is in terms of managing the effect of such rights, once they have been created. The third is as a means to regulate the interactions between different proprietary rights which exist in relation to the same piece of land. The chapter considers the first two functions: mode of rights creation and effect of rights creation. It then looks at what happens when these functions go wrong within the system — how do the principles of registered land interact with the inevitable reality of both human error and human creativity? In answering this issue, the chapter considers how the register is rectified and altered. Finally, it examines potential reforms, including those proposed by the Law Commission, and the possibility of the advent of e-conveyancing. The Law Commission has now begun the process of bringing about reform of the Land Registration Act 2002 to allow for the smoother operation of the registration system in cases of error.

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