20. Assessment guidance

This chapter considers the process by which students are required to demonstrate their knowledge and abilities on property law and practice-the subject assessment or examination itself. It presents some hints and tips to enhance and improve examination technique.

4. Taking instructions and other initial matters

This chapter discusses initial activities in the conveyancing process including advising joint buyers on co-ownership; advising buyers to have a survey of the property carried out before exchange of contracts; estate agents; capital gains tax; stamp duty land tax; client care and advice on costs; professional conduct; the Law Society’s National Conveyancing Protocol; and advising on finance.

19. Landlord and Tenant Act 1954, Part II

This chapter considers the provisions of the Landlord and Tenant Act 1954, Part II, which provides security of tenure for the majority of business tenants by giving them a statutory right to renew their lease or tenancy. It explains the need for ‘tenancy’; need for ‘occupation’; need for ‘the purposes of a business’; key methods of termination under the Act; section 40 notices; interim rent applications; landlord’s statutory grounds of opposition; tenant’s right to compensation; and the terms of the new tenancy.

15. Delays and remedies

This chapter considers what can be done if a conveyancing contract is delayed, disputed or denied. A practitioner must be able to advise a client when a transaction goes wrong and remedies are sought to correct that wrong. The discussions cover late completion; conditions when time is of the essence for a conveyancing contract; consequences of delay; notices to complete; and remedies.

8. Deducing and investigating title

Deducing title is the process by which the seller demonstrates to the buyer that the seller owns the property and can convey it. In a modern conveyancing transaction the parties will deduce and investigate title before contracts are exchanged. This chapter explains the process of deducing title; investigating title; and some special title situations.

7. Town and country planning

Town and country planning legislation aims to control the development of land and buildings. Section 57(1) of the Town and Country Planning Act 1990 stipulates that ‘planning permission is required for the carrying out of any development of land’. This chapter first discusses the two main elements of town and country planning: (1) obtaining planning permission for new developments; and (2) the change of use of existing properties. It then explains breaches of planning control and enforcement; building regulations; and typical planning enquiries. A town and country planning decision tree is also presented.

3. An outline of a conveyancing transaction

This chapter explains the process of conveyancing as a whole through an outline of a typical conveyancing transaction. It describes a transaction in outline; energy performance certificates; the Land Registry Portal; and the Law Society’s Conveyancing Quality Scheme; and the future of conveyancing.

1. Introduction

Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.

18. Commercial conveyancing

Commercial conveyancing services support the market in and for commercial property. This chapter focuses on several different topics that relate to commercial property and involve specialist knowledge of commercial conveyancing. These include commercial leases; buying and selling commercial freeholds; and commercial property and some elements of revenue law.

12. Pre-completion procedures

Pre-completion searches are a critical part of any property transaction and conveyancing practitioners must be fully acquainted with all aspects of pre-completion searches. This chapter discusses pre-completion procedures; pre-completion when acting for the buyer; pre-completion when acting for the seller; pre-completion searches; acting for the lender; buying from a company; physical inspection of the subject property; and completion statements.