Certificate in English and Welsh Property Law
Details
Aim and Objectives
The aim of this course is to examine the conveyancing practice and procedure in England and Wales. The objective, on successful completion of an online assessment, is to provide practitioners with the ability to establish and transfer proprietary rights
and interests in England and Wales as set out in the Solicitors Regulation Authority for England and Wales Legal Practice Course outcomes. It will enable solicitors who have qualified in Ireland to apply to be admitted on the Roll of Solicitors in England
and Wales.
On completion of this course participants will be able to identify and perform the critical steps in a conveyancing transaction in England and Wales, determine how legal estates and interests differ between the two jurisdictions, draft and complete the appropriate
documentation for a conveyancing transaction in England and Wales and understand the law on easements and covenants for title in England and Wales. Moreover, participants will be in a position to assess how the practice of conveyancing in England and Wales
differs from the practice of conveyancing in Ireland and adapt their knowledge and skills to meet the needs of clients in both jurisdictions.
Note: Attendance at all topic lectures is compulsory.
Topics and Issues to be covered
Steps in a conveyancing transaction
- Introduction
- Sequence of steps
- Taking instruction and other initial matters
- Pre contract searches and enquiries
- Town and Country planning enquiries
- National Land Information Service (NLIS)
- Deduction and investigation of title
- Between exchange and completion
- Procedures; pre and post completion
- Different types of legal estates and interests
- Common hold
- Common hold and Leasehold Reform Act 2002
- New leases
- Existing leases
- Conveyancing of registered land
- Interests which may be registered
- Land Registration Act 2002
- Third party forms of protection
- Priority searches
- Overriding interests
- Rights of non-owning spouses and civil partners
- Land registry rules
- Prescribed forms
- Grant and reservation of new easements
- Prescription period
- Implied covenants
- Full and limited title guarantee
- Creating new covenants
- Law of Property (Miscellaneous Provisions) Act 1994
- Preparation and drafting of the contract
- Standard conditions of sale
- Conveyancing protocol
- Formation
- Formula for exchange over the telephone
- Law of Property (Miscellaneous Provisions) Act 1989
- Methods of exchange
- Completion by post