Property Law & Practice LGS1: An introduction to the LPC PLP Module and the inherent complexity of conveyancing This slide relates to the introductory matters laid down in the written notes relating to LGS1 and the accompanying “voice file” in which the tutor outlines those matters. Please ensure that you listen to this LGS in the company of the LGS1 notes as well as your copy of A Practical Approach to Conveyancing by Robert Abbey & Mark Richards. 2 • This slide relates to paragraphs 1.1 to 1.2 of the notes relating to LGS 1. • Most of the workshops on the LPC PLP module will be devoted to the work involved in relation to the sale/purchase of a registered (i.e. not unregistered) residential (i.e. not commercial) freehold (i.e. not leasehold) property which is subject to an existing mortgage. 3 • This slide relates to paragraphs 1.3 to 1.4 of the notes relating to LGS 1. • In recent years, conveyancing practitioners have been subjected to a torrent of legislative, regulatory, procedural and other reforms. All have added to the inherent complexity of conveyancing. That said, remember that the key to understanding PLP lies in understanding that it is complex! 4 • This slide relates to paragraph 1.4 of the notes relating to LGS 1. • Do not allow yourself to drown under the torrent of legislative, regulatory, procedural and other reforms to afflict conveyancing. However, remember that the torrent has arisen and you must live with the consequences of it! 5 • This slide relates to paragraphs 1.4 to 1.6 of the notes relating to LGS 1. • Below is the “Pyramid of Complexity” relating to conveyancing ... PL P Land Law Equity & Trusts Law of Contract Criminal, Landlord & Tenant / Housing, Revenue Law, Business Law, Family, Wills & Probate Tort (eg nuisance, misrepresentation), Criminal (eg risk of fraud), Public, EU, Environmental Law, Land Use Planning, Building Regulations etc. Treasury PCR: Client Care/Costs Info, client confidentiality, conflicts of interest, duress, undue influence, undertakings, FSMA 2000, PCA 2002, Money Laundering Regs 2007, fraud, Solicitors Accounts etc 6 • This slide relates to paragraphs 1.7 to 1.8 of the notes relating to LGS 1. 7 • This slide relates to paragraphs 1.12 to 1.16 of the notes relating to LGS 1. These paragraphs draw attention to the importance of ethics to conveyancing practice and to the three stages of a conveyancing transaction. Throughout this module, remember that a successful conveyancing transaction (just like truth) must pass through 3 stages. 8 • This slide relates to paragraphs 1.16-1.17 of the notes relating to LGS 1. • Below are the three traditional stages of a conveyancing transaction • • • • • • • • • • • • • • • • • STAGE I From: The non-binding verbal “agreement”, between the parties, to buy/sell the property subject to contract To: The exchange of contracts i.e. the point where a binding contract is formed between the parties STAGE II From: The exchange of contracts To: Completion of the purchase/sale (and completion of any mortgage) STAGE III From: To: Completion of the purchase/sale (and completion of any mortgage) Registration & thereafter to closure of the file 9 • This slide relates to paragraph 1.18 of the notes relating to LGS 1. • Below are the three traditional stages of a conveyancing transaction • • • • • • • • • • • • • • • • • STAGE I From: The non-binding verbal “agreement”, between the parties, to buy/sell the property subject to contract To: The exchange of contracts i.e. the point where a binding contract is formed between the parties STAGE II From: The exchange of contracts To: Completion of the purchase/sale (and completion of any mortgage) STAGE III From: To: Completion of the purchase/sale (and completion of any mortgage) Registration & thereafter to closure of the file 10 • This slide relates to paragraphs 1.19 to 1.20 of the notes relating to LGS 1. • Please ensure that you listen to this LGS in the company of the notes relating to LGS 1.