Archives: Conveyancing

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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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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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HMLR – PG6

May 2024 | Conveyancing

HMLR has updated section 8 of PG6 (devolution on the death of a registered proprietor) which has been amended to clarify what evidence is required for the removal of a restriction in Form A from the register. This is an important area where errors are often made, so practitioners should read it carefully. Section 8 …

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BSA – FAQs

April 2024 | Conveyancing

The Building Safety Act 2022 continues to be complex and cause issues in practice. Conveyancers might like to note that RICS has published some FAQs on the Act. While they are of course skewed to surveyors, there is a lot in them that conveyancers will find helpful. See www.rics.org/news-insights/building-safety-act-faqs.

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HMLR – PG8

April 2024 | Conveyancing

HMLR has updated PG8 (execution of deeds). Section 10.5 has been amended to remove out-of-date practice. Following a review, HMLR will no longer raise a requisition when ‘signed as a deed’ is used in the execution of a prescribed deed by a corporate body. In addition, section 5.2 has been amended to remove reference to …

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PIF (TA6) – updated

April 2024 | Conveyancing

The Law Society has created a stir by issuing an updated Property Information Form (5th ed) which includes the information the National Trading Standards Estate and Letting Agency Team says should be disclosed on property listings in its material information in property listings (sales) guidance. There are a lot of changes to the form and …

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HMLR – PG19

April 2024 | Conveyancing

HMLR has updated PG19 (notices and restrictions). Section 3.9.1 has been amended to clarify that, where the consent or certificate of a specified person is required under the terms of a restriction in the register, and where that person cannot be traced, HMLR needs to see evidence of the steps undertaken to obtain the relevant …

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