Archives: Conveyancing

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Solicitor’s Duty to Non-client

| Conveyancing

Response to Roger Sceats Thank you for posting your question on Ask the Editor Clearly any situation depends on the specific facts and communications sent to a person by a law firm, but in general terms, cases have held that solicitors can owe a duty of care to non clients and a potential implied retainer …

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Cladding – EWS1 certificates

December 2020/January 2021 | Conveyancing

The Grenfell fire tragedy led to the discovery that a large number of high-rise residential blocks of flats were covered with unsafe material. The problem cladding is aluminium composite material (ACM) and the government has advised that it should be removed from all buildings over 18 metres in height. Mortgage lenders began to require assurances …

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EWS1 certificates – new announcement

December 2020/January 2021 | Conveyancing

On 21 November 2020 (yes, a Saturday) the Housing Secretary announced that the EWS1 forms will no longer be needed for buildings without cladding. The government states that this will clear the way for up to nearly 450,000 flat owners to sell, move or remortgage their homes. The government has said that it will make …

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HMLR – statements of truth

December 2020/January 2021 | Conveyancing

HMLR has updated PG 73: statements of truth to make it clear what to do if it contains errors and an important clarification regarding signatures. A statement of truth is a method of providing evidence in support of an application sent to HMLR. The need to provide evidence may arise in a variety of situations, …

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HMLR – resuming cancellations

November 2020 | Conveyancing

This is important. HMLR will resume the cancelling of applications with outstanding requests for information (requisitions) from 16 November 2020. Reminder letters will be sent to customers giving four weeks’ notice of the cancellation, along with information on how to request an extension if conveyancers are still unable to reply. HMLR requests that firms do …

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HMLR – first registration if deeds are lost

November 2020 | Conveyancing

HMLR has made a small but significant chance to PG 2: First registration of title where deeds have been lost or destroyed, so it seems like a useful prompt to remind practitioners as to the requirements more generally. If deeds have been lost or destroyed and an application for first registration is made, HMLR has …

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HMLR – form RQ

November 2020 | Conveyancing

Conveyancing practitioners will be familiar with form RQ: Request for a restriction by owners not living at the property. This form is a straightforward way of getting a form LL restriction in the following terms on a register of title: ‘No disposition of the registered estate by the proprietor of the registered estate is to …

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CGT – trap

November 2020 | Conveyancing

Conveyancing practitioners no doubt remind clients who are selling a dwelling house that is not their only or main home throughout their period of ownership of the potential CGT liability on sale. However, conveyancers may also wish to add an additional section in their standard purchase report to cover the risks to homeowners who are …

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