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Author Archives: Mahinan Pathmanathan
Contact Races: What conveyancing solicitors should do when two or more buyers are introduced to sale
This article discusses guidelines that a solicitor would have to follow when two or more buyers are introduced to the sale. It is quite possible that a seller before presenting the contract can introduce more than one prospective buyer. When … Continue reading
Confidentiality and Solicitor Code of Conduct
This article discusses guidelines & duty of the solicitor in maintaining confidentiality, and the situation when disclosure will not be considered as breach of trust. The Code of Conduct indicates that the solicitor acting on behalf of the borrower and … Continue reading
A Simple Guide to Residential Conveyancing Process
Pre–exchange of contracts Once we are instructed to proceed on your behalf we generally do the following:- • Open a file in your name • Write to the estate agent and financial advisor (where applicable) to confirm our instructions on your behalf. … Continue reading
The significance of conducting environmental searches
An Environmental Search can be a desktop research which will help you analyze the history of your land. Using this method, the buyers can understand the extent of contamination that might have affected the locality. For instance, if the property … Continue reading
Smoke Control Area: Things to learn about Smoke Control Act – Conveyancing
When you are residing in the UK, you will have to abide many rules and regulations. One of the most common restrictions which you will have to face while living in England is the smoke control order. This was introduced … Continue reading
Undue Influence when a solicitor acts for joint borrowers
A solicitor can represent two or more borrowers, provided that there is no conflict of interest. While this is the general practice, there is a likelihood of problems in situations like, where the husband needs to borrow money, and pledges … Continue reading
What if same conveyancing solicitor acting for borrower and lender?
When a conveyancing solicitor receives instructions from both seller and buyer, he is duty bound to act in the best interest of both. In instances, when he can act for both parties, it is important that safeguards mentioned in the … Continue reading
Guidelines for conveyancing solicitors when representing both buyer and seller
This article lays down principles that guide a conveyancing solicitor looking to represent both the buyer and the seller. It also discusses situations where there could arise a conflict of interest, between the parties and situations where it is allowed. … Continue reading
Property registration – Caution against first registration
This caution is raised when an unregistered land is set to be registered for the first time and should not confused with the caution that is registered by third parties to protect their easements and other interests in the land. … Continue reading
Different third-party rights on a registered land
Following are the most common third-party rights on a registered land. 1. Registered Charges 2. Unregistered Interests that Override a Registered Disposition 3. Interests that must be protected by an Entry in the Register 1. Registered Charges The interest of … Continue reading
Why is essential to conduct a property survey?
The government has introduced many measures which will make your conveyancing process more legitimate and safe. There are many factors that you should check up while buying or selling a property. This will help you increase the credibility of the … Continue reading
Guide to Installation of Heaters and Boilers (Combustion Equipments) in UK
Whether you are building a home or improving an existing one, you will have to get the permission of the planning authority before installing a boiler or heating system. This article gives you an idea about the regulations of the … Continue reading
What if your property located in a conservation area?
Some areas are classified as conservation area by the Council. These areas are sites which will have a historical or environmental relevance and they will have some sort of peculiarity which should be protected and preserved. The conserved areas will … Continue reading
Conveyancing: What are chancel searches?
Buying a property involves many serious and complicated procedures. Normally, people think that finding a property that fits your budget and your requirement is the toughest task, but with the help of modern technologies and internet, finding property has become … Continue reading
Different Registers at the Land Registry Office
Irrespective of what buyers claim, it is only through the Register at the Land Registry Office that buyers can determine the true state of title to the land. All records are computerised and a computerised official copy of an entry … Continue reading
Upgrading a Residential Property Title
It is possible that the Registrar may upgrade the property on his own or on an application for upgrading by the proprietor of the title: A title defined as possessory title may be upgraded to an absolute title if the … Continue reading
Different Types of Residential Property Titles
Once the lease is registered, the freehold title shall be referenced on the leasehold title and vice versa. Such a cross-referencing is done so that, it makes it easy for the tenant to trace his owner, should such a need … Continue reading
Underlying Land law Principles of Registered Land
In this article, we discuss the types of land that may be registered, the events that trigger such a registration and the implications of such a registration What Title May be Registered: The following land may be registered (a registration … Continue reading
Underlying Land law Principles of Unregistered Land
There exist two types of title ownership viz. unregistered and registered. The system of unregistered title is being gradually phased out by a systematic process of registration wherein the ownership and other details including the benefit and burden on the … Continue reading
UK residential rental sector shows signs of recovery
The beginning of 2012 was not so great for the residential rental sector in UK, but now it is showing signs of recovery. Property experts “Move with Us” released their first Rental Index report tracking 150,000 rental properties across UK. … Continue reading
What is Adverse Possession and How it Affects your Property?
The following explains the consequences when a trespasser is allowed to occupy a property without disturbance for a prolonged period. We also discuss the rights acquired by such a trespasser and the procedure involved in the registration of that interest. … Continue reading
Property Mortgage and Conveyancing
This article explains how conveyancing is affected when a property is mortgaged; either as a joint tenant or tenancy in common and the circumstances under which a lender may/may not obtain possession of land. What are Property Mortgages? It is … Continue reading
‘Home Rights’ for ‘Non-Owning’ Spouses or Civil Partners
It is possible that one spouse or civil partner owns legal title to the matrimonial home, while the other neither enjoys beneficial nor proprietary interest in the property. The Family Law Act (FLA) 1996 seeks to protect such a partner. … Continue reading
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