10 Tricky Issues and How to Deal With Them

In this talk Ian will explore ten common tricky issues which conveyancers can be met with and how best to deal with them

• Dealing with notices on registered titles – is the notice protecting an interest in land? Can it be removed? What is the purpose of Section 77 of the Land Registration Act 2002?
• Dealing with problem restrictions on registered titles – can the restriction be complied with, could it be disapplied modified or cancelled?
• How to deal with boundary sensitivity – if there is an indistinct or unclear boundary or history of a boundary dispute what can be done and what advice should be given to the buyer?
• Combining registered titles – what problems can arise, can registered titles conjoin?
• Advising on search results – search limitations, adverse entries, and next steps to deal with outstanding issues, protecting the client and your firm when a cash buyer wants to proceed without searches or without waiting for search results
• Steps to be taken on exchange of contracts – when and how should a contract be protected?
• How to deal with restrictive covenants during due diligence – is the covenant enforceable? Does it impede the buyer’s objective? What advice should be given to the buyer client.
• How to deal with defective title insurance in residential transactions – obtaining the right cover, advising on the policy and advising the client
• Dealing with default at completion – acting for the innocent or defaulting party and giving appropriate advice.
• Getting co-ownership right – obtaining information from the client, giving correct advice and avoiding problems

Ian Quayle, Chief Executive, IQ Legal Training