10 Tricky Issues and How to Deal With Them

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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