Issue: May 2024

Planning enforcement – ten years

May 2024 | Conveyancing

A very important change to the planning enforcement period has been introduced, which will be of interest to all property lawyers. The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 came into force on 25 April 2024. The regulations amend s171B of the …

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Joint loans – Etridge

May 2024 | Conveyancing

The CA has heard a case regarding the extent to which a lender will be put on inquiry as to the possibility of undue influence where a secured loan is made to joint borrowers. Practical Law summarises the case: ‘The Court of Appeal was asked to consider a possible additional category of transaction involving joint …

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HMLR – discounts v incentives

May 2024 | Conveyancing

HMLR has issued an interesting blog on the ways that it will deal with discounts and incentives, which all conveyancers should read. HMLR summarises the issue thus: ‘The Council of Mortgage Lenders requires conveyancers to tell lenders when a discount or incentive is given as part of a property’s purchase price. This helps lenders decide …

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HMLR – PG67

May 2024 | Conveyancing

HMLR has updated PG67 (evidence of identity). Section 11 has been amended to clarify that, if a firm submits one set of identity evidence to cover multiple applications, it must be stated in each application that the confirmation of identity evidence has been lodged as part of an application against another title and state the …

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Transfer of tenancy – void marriage

May 2024 | Family

A failed in his appeal against a ruling transferring the tenancy of the family home to his cohabitee. In 1997 the parties went through a marriage ceremony at the Iranian Embassy in Kyiv, Ukraine. However, despite believing they were legally married, they discovered 20 years later, following W’s divorce petition in January 2021, that they …

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HMLR – PG82

May 2024 | Conveyancing

HMLR has updated PG82 (Electronic signatures accepted by HM Land Registry). Section 3.3 has been updated to provide more guidance on amending deeds with conveyancer-certified electronic signatures; in addition, several minor amendments have been made to other parts of the guide for clarification purposes. Importantly, note that HMLR states in 3.3: ‘It should rarely be …

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Matrimonial property – trusts of land

May 2024 | Family

This is an interesting ruling concerning property ownership, trusts of land and whether property owned by a divorcing party and third parties should be considered matrimonial property. The parties were married in 2005, separated in around 2014 and divorce proceedings began in 2017. This ruling was on a preliminary issue on the extent to which …

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