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Conveyancing

General risk management

  1. Legal services – knowledge and expertise
  2. Client selection and identity
  3. Conflicts of interest
  4. Engagement management
  5. Client management
  6. File management
  7. Communications
  8. Documentation
  9. Critical date management
  10. Delay – a common source of negligence claims
  11. Undertakings
  12. Supervision
  13. File reviews
  14. Training
  15. Complaints
  16. Negligence claims
  17. Risk management ethos
  18. Checklist

Taking instructions and establishing who is your client

  1. Confirming instructions to act
  2. Estate agent’s particulars
  3. Taking instructions on the transaction
  4. Instructions from the client’s agent
  5. Where the client consists of more than one person
  6. Checking the identity of the client
  7. Occupation<
  8. Advising guarantors and adult occupiers
  9. Buyer and lender

Purchase price

  1. Lender’s instructions
  2. Buyer’s funds
  3. Source of buyer’s funds
  4. Deposit
  5. Mortgage offer
  6. Other loans
  7. Third party contributions to the purchase price
  8. Control
  9. Sale proceeds
  10. Dependent sale and purchase

Plans and boundaries

  1. Extent of the property
  2. Estate agent’s particulars
  3. Garages and car parking spaces
  4. Boundary features
  5. Land Registry plans
  6. Plans
  7. Plans and searches

Deducing title and drafting the contract for the seller

  1. Obtain title deeds
  2. Draft contract based on heads of terms and title documentation

Preliminary enquiries

  1. When acting for the buyer
  2. When acting for the seller

Searches on behalf of the buyer

  1. Additional searches
  2. Box C on Con29
  3. Part II enquiries on Con29
  4. Specific searches
  5. Date of searches
  6. Search results
  7. Personal searches and search insurance
  8. Limitation on local search

Planning

  1. Lawful use
  2. Alteration, construction and extension
  3. Breach
  4. Restrictions
  5. Conditions
  6. Listed building and conservation area
  7. General permitted development order

Building regulations

  1. Building regulations

Title investigation

  1. Ownership
  2. Good and marketable title
  3. Instructions

Easements and covenants

  1. Easements
  2. Covenants

Leasehold acquisitions

  1. Does the lease comply with the CML Handbook

New properties

  1. Correct plan
  2. Land Registry approval of plan
  3. Power to grant easements
  4. Deposit and NHBC/Zurich protection
  5. Builder and seller
  6. Extent of NHBC/Zurich cover
  7. Construction obligations
  8. Completion
  9. Landscaping
  10. Roads and drains
  11. New home documents and completion
  12. Longstop date
  13. Final inspection

Contract

  1. Description
  2. Seller
  3. Client’s instructions
  4. Purchase price
  5. Vacant possession
  6. Easements and covenants

Joint ownership

  1. Joint ownership

Completion

  1. The Law Society’s code for completion by post
  2. Undertakings

Post-completion

  1. Title deeds
  2. Stamp duty land tax
  3. Company charges
  4. Undertakings
  5. Form DS1
  6. Land Registry application.
  7. Life policies
  8. Leases
  9. Management companies
  10. Guarantees
  11. Lenders
  12. Title deeds
  13. New home documents
  14. Storage of files

Certificate

Need help? Contact cpdonline@legalease.co.uk
About the Author

Geoff Barrett, Partner, Mills & Reeve.

Geoff joined Mills & Reeve in 2000 as a partner in the London office of the insurance and reinsurance group. His principal areas of practice involve acting in claims and disputes for Insurers and Reinsurers both Defendant and Claimant. In relation to professional indemnity matters he has acted in numerous disputes involving professionals such as accountants, architects, financial advisers, insurance brokers, mechanical and electrical engineers, members' agents, project managers, quantity surveyors, surveyors, solicitors and loss adjusters. He is a regular speaker on risk management issues to a range of professions and is a trained mediator.

Martin Finigan, Solicitor, Mills & Reeve

Martin qualified in 2000 and specialises in professional indemnity claims. Martin has extensive experience in acting for solicitors and has also dealt with disputes involving accountants, financial advisers, loss adjusters and insurance brokers. Martin acted for the Defendant solicitors in the case of Ezekiel v Lehrer which was successfully defended in the Court of Appeal on limitation grounds.

Christopher Thompson, Professional Support Lawyer, Mills & Reeve.

Christopher qualified as a solicitor in 1985 and is currently the professional support lawyer for the real estate group at Mills & Reeve.