Archives: Conveyancing

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Leasehold reform – Royal Assent

July/August 2024 | Conveyancing

The Leasehold and Freehold Reform Act 2024 just squeezed in before Parliament was dissolved and now has Royal Assent. The government summary of the Act is as follows: ‘The Act – which has officially received Royal Assent – strengthens existing, and introduces new, consumer rights for homeowners by: Making it cheaper and easier for people …

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‘Cladding’ – interpretation

July/August 2024 | Conveyancing

In a sign of things to come, the UT (Lands Chamber) has heard a case involving the scope of some of the definitions under the Building Safety Act 2022. The UT summarised the issues thus: ‘1. This appeal is about the leaseholder protections provided by Schedule 8 of the Building Safety Act 2022. 2. Section …

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TA6 – another twist

July/August 2024 | Conveyancing

There is another twist to the Law Society’s ill-fated attempt to update the Property Information Form (TA6) to fall in line with the Material Information guidance which Trading Standards told estate agents they must comply with from November 2023. We reported in our June 2024 edition (p9) that the fifth edition of TA6 would be …

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HMLR – PG8

July/August 2024 | Conveyancing

HMLR has made a small but significant amendment to PG8 (execution of deeds). Section 1.3 has been amended to clarify that HMLR will not accept separate execution pages which have been added to a deed, or execution pages taken from separate documents reassembled to form a single deed and now reads: ‘1.3 Deeds and HM …

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HMLR – PG19

July/August 2024 | Conveyancing

HMLR has updated section 3.7.5 of PG19 (notices and restrictions) to confirm a point that most firms should already be aware of. Section 3.7.5 has been updated to explain that a sole or surviving proprietor will need to appoint one or more new trustees to join in the disposition, in order for a Form A …

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HMLR – PG6

July/August 2024 | Conveyancing

There seems to be a theme of HMLR updating practice guides to reiterate points of technical land law that firms arguably should already be more than familiar with. This time sections 4 and 7 of PG6 (devolution on death of a registered proprietor) have been updated to clarify how the well-established rule of survivorship affects …

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HMLR – PG24

July/August 2024 | Conveyancing

The theme continues. PG24 (private trusts of land) has been updated. Section 5.1.1 has been updated to explain that when land is held on trust and a sole (surviving) proprietor remains, a personal representative of a deceased proprietor has no power to deal with the legal estate or act with the surviving proprietor unless formally …

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HMLR – PG9

July/August 2024 | Conveyancing

HMLR has updated PG9 (powers of attorney and registered land) in relation to an important point for practitioners. Section 7 has been updated to reflect HMLR’s current practice when a copy of the power of attorney is lodged and now reads: ‘7. Evidence of the power HM Land Registry will need to see one of: …

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HMLR – PG26

July/August 2024 | Conveyancing

HMLR is on a purple patch for updates that are very relevant to property practitioners. Section 10 of HMLR PG 26 (determination of leases) has been amended to clarify HMLR’s requirements for determination by effluxion of time and determination by notice under section 25 or 27 of the Landlord and Tenant Act 1954 and now …

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HMLR – PG62

July/August 2024 | Conveyancing

HMLR has updated PG62 (easements) with a useful note on abandonment of easements. Section 12.2.3 now reads: ‘12.2.3 Abandonment The person entitled to the easement must not only have stopped exercising it, but also to have “demonstrated a fixed intention never at any time thereafter to assert the right himself or to attempt to transmit …

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