Managing Negligence Risks in Commercial & Residential Property Transactions

Introduction

Conveyancing negligence rarely arises from one dramatic error. It usually results from small, ‘routine’ omissions that only become obvious after completion, when clients discover unexpected restrictions, major works exposure, defective title rights, unusable access, service charge liabilities, or inability to carry out intended alterations or subletting.

This virtual classroom seminar will run through what we see when transactions unravel, how disputes escalate into complaints, negligence claims and SRA issues and the recurring features of files that are difficult to defend.

The focus is strictly conveyancing-specific and will concentrate on practical risk avoidance such as how to spot red flags, how to report clearly (and in a way that protects you), how to scope the retainer, and what a ‘claim-proof’ file looks like.

You will leave with practical checklists and drafting/reporting tips designed to reduce risk in both residential and commercial conveyancing, particularly in high-claim areas such as leasehold transactions, estate management arrangements, title rights and restrictions, planning/building regs, and lender reporting.

What You Will Learn

This live and interactive course will cover the following:

• Identify the conveyancing errors that most commonly produce post-completion disputes and negligence claims
• Build a defensible file by scoping the retainer clearly, documenting advice, and managing client expectations
• Avoid ‘silent omissions’: the risks that aren’t technically wrong to miss, but become indefensible when the client later says ‘I was never told’
• Draft robust reporting on title and reporting on lease sections that communicate risk in plain English
• Reduce negligence exposure in leasehold conveyancing, including:
• Repairing obligations and service charge risk (including major works exposure)
• Reserve funds, disputes history, breaches, and defective management
• Alienation clauses (Airbnb/short lets), user covenants, and enforcement issues
• Alterations and licences (what the client can’t do after completion)
• Handle ‘major works / Section 20 style’ risk properly (particularly for ex-local authority/HA stock) without overstepping into advisory work you haven’t been instructed to do
• Prevent claims from title defects:
• Easements and rights of way (missing/uncertain rights; ‘ransom strips’)
• Restrictive covenants and practical enforceability
• Rent charges, estate rent charges and management company arrangements
• Understand when and how to flag planning/building regs pitfalls:
• Missing approvals and completion certificates
• Enforcement risk, conditions and lawful use
• Protect yourself in the lender context: what must be reported, and common certificate of title pitfalls
• Know when to insist on specialist reports (surveyor, structural, asbestos, fire safety) and how to document that advice

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.