Modernisation of Land Law Conveyancing is the process whereby legal title is transferred from seller to buyer. This requires an understanding of land law, contract law, trust law and to a lesser extent, working with finance and figures. English Land law was modernised by five key pieces of legislation passed in 1925; the so-called “Birkenhead” […]
Category: Sale and Purchase
Conveyancing Steps (Residential Procedure)
Background England and Wales land law is similar to Irish land law, particularly so after the 2009 modernisation of Irish Land law. Although the respective land laws are broadly similar, conveyancing practice is markedly different. The matters which are emphasised differ considerably. For example, in England and Wales, it is standard practice to undertake a […]
Planning and Building Control
Town & Country Planning legislation The fundamental principles of planning law in England Wales are very similar to those in Ireland. The District Council or Metropolitan Borough Council is generally the planning authority in urban areas. Outside of urban areas, there may be County Councils and District Councils, the latter exercising most statutory powers which […]
Title and Ownership
Overview There is an obligation on the seller to disclose latent defects in title. Wilful concealment may be fraudulent and have implications in contract and tort. There is no obligation on the seller to disclose other defects. However, he may not misrepresent the position in any way. The Seller’s solicitor should check title as soon […]
Apartment Issues
Flat / Apartment Lease Issues Where the property in sale is a flat/ apartment, or where is otherwise part of a larger structure with privately managed parts, the unit is usually held under a long lease. Leases are typically shorter than those in Ireland and ground rents are typically higher. A lease of 120 years […]
Searches and Enquiries
Overview The English Conveyancing system is based on the principle “Caveat Emptor” (let the buyer beware). It is buyer’s (and therefore, his solicitor’s) responsibility is to find out about the subject property before he proceeds to exchange of contracts. The common law provides that the seller has only a limited duty of disclosure. Accordingly, it […]
Some Purchase Issues
Finance A solicitor may give limited financial advice directly necessarily arising from legal issues. A solicitor may not provide financial advice beyond this unless he is regulated by the FCA (formerly FSA) (equivalent to the Irish Central Bank). The solicitor should be in a position to advise on the financial aspects and should ensure that […]
Easements
Easements An easement is a right enjoyed by one piece of land /property land over another piece of land/property. It places a burden on the latter land (known as the servient land) and is for the benefit of the former land (the dominant land). An easement is a private right. There are similar public rights, […]
