Times have been tough for conveyancing solicitors since the dark days of the fall of Northern Rock in 2007. Numbers of conveyancing transactions have drastically reduced. Lenders, many of whom had been the targets of mortgage fraud and attempted fraud, tightened up lending guidelines. Borrowing became more difficult. The housing market simply stagnated. Values froze [...]
Category Archives: Conveyancing
The impact of the Green Deal on Property Conveyancing
The ‘Green Deal’ is included as a provision within the Energy Act 2011. Its purpose is to encourage a reduction on the amount of carbon emissions which are produced in a cost effective way leading to energy efficient properties across Great Britain. The ‘Green Deal’ came into force in October 2012 and it will remove [...]
Contaminated Land
What is Contaminated Land? Contaminated land is land that is a potential hazard to the environment because it has been polluted usually due to industrial use which has now ceased such as power plants, rubbish sites, mining, factories, steelworks, refineries and other agricultural activities. What’s the legal risk ? Contaminated land issues usually arise in [...]
Arm’s length transactions
In order for a transaction to be considered at “arm’s-length”, there is a requirement that the involved parties are independent in nature and equal. When looking at “arms-length transactions” specifically in relation to contractual agreements, it is vital that different parties in an agreement maintain this independence. It may be the case that both parties [...]
Also posted in commercial law, James Swede, Property law Comments closed
Property sale and purchase fall throughs
Moving house, buying or selling, is inherently stressful and one of the worst aspects is the prospect of the transaction falling through, also known as an abortive sale or purchase. Under the English legal system, unless and until contracts are formally exchanged, either party can back out of the transaction without penalty, unless there is [...]
Boundary problems and Land Registry plans
When buying property, ownership of the vast majority of property and land is conclusively determined, under the Registered Land system, by the Land Registry, which is a Government body. If the Land Registry title is incorrect, a buyer has the assurance that the Government is liable. However, it is important to be aware that whilst [...]
Caveat emptor, misrepresentation and ensuing conveyancing frustration !
Following on from my blog post last week about conveyancing, one particular area causing inherent delay and frustration for buyers or sellers is pre-contract enquiries. From a seller perspective, having instructed their solicitor, the sellers will be asked to complete a number of pro forma forms with lots of questions about the property and it’s [...]
Also posted in James Swede Comments closed
Conveyancing costs – a transparent guide
With conveyancing there are often inherent anxieties, misunderstandings and frustrations for clients, who understandably see the process as getting from “a to z” as quickly as possible. Whilst I do not expect clients to fully understand or appreciate what is involved in the legal aspects of buying or selling a property, it can be frustrating [...]
Also posted in James Swede, Uncategorized Tagged conveyancing, costs, property law, value Comments closed
Changing conveyancing forms, will it lead to faster and better conveyancing ?
The Law Society is in the process of gathering input from solicitors in addition to the wider sector of residential conveyancing in order to try and discuss ways to improve the processes of property buying and selling, but will the changes work or just add longer forms and more frustration to the process ? Proposed [...]