Title Defects & Other Conveyancing Challenges

Introduction

As a conveyancer, you will often encounter title defects, sometimes caused by missing or incomplete deeds, at other times due to poor drafting or unforeseen changes of circumstances.

When they arise, they often need your close attention, even though you might be under pressure to exchange quickly.

This course will look at how to manage key risks and focuses on how you can deal with them practically and effectively when they arise.

What You Will Learn

This course will cover the following:

• When is an easement defective? Do the title deeds confer or reserve adequate rights for the property? Who repairs the private road/driveway?
• Prescriptive easements: What are the key elements to be included in the statutory declaration/statement of truth?
• Extinguishment or suspension of an easement: when it can happen?
• Right of light and rights of common: risks for property owners and developers
• Breach of restrictive covenant: missing consents, misplaced deeds, likelihood of enforcement
• Defective flat leases: inadequate repair, building insurance, service charges provisions
• Dealing with the Land Registry: problematic restrictions, plans, application cancelled
• Are there any hidden title defects? If so, is the seller obliged to disclose them to the buyer?
• Are the legal and physical boundaries clearly demarcated? If not, are there any possible remedies?
• Advising the client when the environmental search or flood enquiries highlight risks to the property
• Sale by a power of attorney - What protections are there for the buyer? What further checks ought to be made?
• Adverse possession: The evidence required - registration and owner objections
• When a deed fails to reflect the parties' intentions - Is rectification possible?
• Absence of a Building Regulations completion certificate - What steps can be taken to protect the buyer and mortgagee?
• Transfer of equity, whether by undervalue or gift and the risks of it being set aside
• When is a flying/creeping freehold potentially unmortgageable?
• Seller's failure to give vacant possession