Residential Property Law and Conveyancing Update 2024

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KEY SUBJECTS

• 10 STARTLING CASES IN RESIDENTIAL PROPERTY LAW
• LEASE EXTENSION: THE PROPOSED CHANGES AND AVOIDING PROBLEM AREAS IN PRACTICE
• TOPICAL PROPERTY ISSUES
• PLANNING AND BUILDING REGULATIONS – THE KEY POINTS
• BUILDING SAFETY ACT: THE CAR CRASH CONTINUES
• BUILD OVER AGREEMENTS, SEPTIC TANKS AND LATERAL DRAINS: WHAT YOU NEED TO KNOW
• CLIMATE RISK DUE DILIGENCE IN THE PROPERTY TRANSACTION – A PRACTICAL APPROACH TO CLIENT GUIDANCE

SPEAKERS

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

David Keighley, Solicitor, Legal Lecturer and Trainer

Anna Newport, Solicitor and Director, Newport Land and Law

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

10 STARTLING CASES IN RESIDENTIAL PROPERTY LAW

Sometimes the courts and tribunals can reach decisions that seem bizarre and counter-intuitive. This session will look at some of the more startling cases that have an impact on a wide range of residential property areas and considers ways to avoid the problems that arise.

• The one-sided approach of the Party Wall Act: Power v Shah
• Adverse possession of house by fraudster: Rashid v Nasrullah
• Contract by email: Neocleous v Ree;
• Sale must go ahead where mortgage offer expires due to developer’s delay: Urban v Ayres
• Imperfect notice to complete still works: TBAC v Valmar
• Flats:
  • When ownership can curtail the owner’s freedom: Nemcova v Fairfield
  • Losing the lease by forfeiture can easily happen: Gibbs v Lakeside
• Rights of way and residential land
  • Hidden rights of way and unforeseen expansion: Wood v Waddington; O’Byrne
  • When even renovation can be prevented: McGill v Stewart

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

LEASE EXTENSION: THE PROPOSED CHANGES AND AVOIDING PROBLEM AREAS IN PRACTICE

A flat owner’s right to a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 is valuable – and possibly even more so with the proposed Leasehold and Freehold Reform Bill 2023 – but the practical exercise of ‘extending’ the lease can cause headaches for those advising both flat owner and landlord.

This session will look at avoiding and resolving some of the trickier problem areas.

• Lease length, ownership, ground rents – what will they mean in practice?
• Shared ownership leases, live/work units & flats that aren’t flats: Aldford House; Q Studios; AHGR v Kane Laverack; Avon Ground Rents v Canary
• Divorce, death and sale: avoiding the problems with ownership
• Changing lease terms and challenging costs – can it be done? The importance of Park v Morgan; Burchell v Raj & Plintal
• How will the Leasehold and Freehold Reform Bill 2023 make life easier for tenants – or will it?

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

TOPICAL PROPERTY ISSUES

This session will examine recent developments relevant to residential property. To ensure the content is topical the exact content will be determined nearer the time but may include:

• A review of recent caselaw
• Recent and proposed legislation
• Land Registry Practice Guides
• Practice points

David Keighley, Solicitor, Legal Lecturer and Trainer

PLANNING AND BUILDING REGULATIONS – THE KEY POINTS

All residential conveyancers need to have at least a working knowledge of planning and building regulation issues which may arise in a residential transaction. This session will look at the key points including:

• Planning conditions and their implications
• Planning permission and building regulation enforcement
• Community Infrastructure Levy and its effect on the purchaser

David Keighley, Solicitor, Legal Lecturer and Trainer

BUILDING SAFETY ACT: THE CAR CRASH CONTINUES

The BSA 2022 continues to present challenges to practitioners. This session will look at some of those including:

• Updated legislation
• Revised regulations
• Practice issues

David Keighley, Solicitor, Legal Lecturer and Trainer

BUILD OVER AGREEMENTS, SEPTIC TANKS AND LATERAL DRAINS: WHAT YOU NEED TO KNOW

Conveyancers frequently face questions about practical issues relating to drainage. The responsibility for repair of drains isn’t always clear and if a property is not connected to mains drainage other issues will arise depending on how the property drains and when that system was put in place. This session will consider:

• Responsibility for maintenance of drains and sewers
• SUDS & Expansion to all newbuilds
• Build-over and build-near agreements: potential impact of the Transfer of Private Sewers Regulations 2011
• Properties without mains drainage impact of the General Binding Rules

David Keighley, Solicitor, Legal Lecturer and Trainer

CLIMATE RISK DUE DILIGENCE IN THE PROPERTY TRANSACTION – A PRACTICAL APPROACH TO CLIENT GUIDANCE

Climate change is perhaps the single biggest impact on the future of property assets and it is essential that clients are guided effectively to make long term, sustainable decisions. This practical session will provide conveyancers with an understanding of how practitioners are applying climate due diligence in line with the Law Society Guidance.

• Understanding the scale of climate risk and how they can affect property transactions
• Understand physical and transition risks
• Understand the Law Society Guidance and your duties
• Explain how to discharge your duties and consider future guidance and regulations
• Understand how to use climate data and standard clauses for client care

Anna Newport, Solicitor and Director, Newport Land and Law

5.00pm CLOSE OF PROCEEDINGS