Title Defects for Conveyancers - Understanding & Resolving Tricky Issues

Introduction

As a property lawyer, you are constantly balancing client expectations with managing professional and legal risks. This challenge is heightened when you are required to assess conveyancing risks, especially when based on limited or incomplete information. Even a small title defect can derail exchange, frustrate your client or expose you to negligence claims.

This virtual classroom seminar focuses on issues that, if not managed correctly, can lead to dissatisfied clients, litigious mortgagees, or even sleepless nights for you. It examines practical approaches to risk management in selected areas of conveyancing practice, equipping you with strategies to handle complex situations confidently.

What You Will Learn

This live and interactive course will cover the following:

• Defective Express Rights of Way
• When a right of way may be defective and the implications for your client
• Prescriptive Rights of Way
• Evaluating whether a statutory declaration or statement of truth provides sufficient evidence
• Considering whether the absence of an express right is a deal-breaker
• Assessing whether an absence of easement insurance policy offers adequate protection for the buyer
• Inadequate Deed Plans
• Ensuring plans comply with Land Registry guidance for freehold and leasehold titles
• Verifying the accuracy of replacement plans
• Understanding the implications of missing or incomplete deed plans
• Breach of Restrictive Covenants
• Assessing risks when multiple breaches occur or when multiple consents are required
• Understanding why breaches of leasehold covenants are more likely to be enforced than freehold covenants
• Defective Service Charge Provisions in Flat Leases
• Addressing omissions such as interim charges, end-of-year adjustments, and key heads of expenditure
• Considering the implications of the absence of a sinking fund
• Adverse Possession
• Distinguishing between evidence of adverse possession and a prescriptive right of way
• Evaluating risks when land has not been enclosed
• Considering the likelihood of owner objection to registration
• Absence of Building Regulations Completion Certificates
• Understanding the impact of the new 10-year enforcement period in England, including whether it has any retrospective application
• Claims by the Seller That Works did not Require Planning Permission
• Conducting reasonable enquiries to verify whether alterations fall within permitted development rights
• Latent Title Defects
• Understanding whether deeds registered against adjoining titles can be relied upon
• Considering obligations under material information rules

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.