Conveyancing

Practitioners working in this area need a fully up-to-date guide to these changes in conveyancing in Scotland, but also expert insight into how these changes impact upon them in real life scenarios.  Professors Gretton and Reid use academic understanding combined with practical knowledge to guide you through the conveyancing transaction, answering the many difficult questions which can arise from this.  Conveyancing 4th edition is a tool which will save your valuable time and make sure you get things right first time.  This 4th edition of Conveyancing is an essential purchase for any practitioner involved in conveyancing transactions in Scotland.

Providing comprehensive information and an essential source of answers and advice, Registered Conveyancing:

  • Explains in full the registration of title to land system
  • Covers everything from first registration and upgrading of title to land through to rectification, indemnity and determination of disputes
  • Takes you through both overriding interests on first registration and overriding interests affecting registered land
  • Details the changes to the legal principles underlying the land registration system, so that you are completely up to date with the latest developments
  • Goes through the practical, procedural and formal requirements imposed by the Land Registration Act 2002 and Land Registration Rules 2003
  • Enables you to apply the law with confidence, including the regime for claims based on adverse possession
  • Guides you through the process of searching and copying Land Registry records
  • Deals with issues which have an impact on registered conveyancing, including company law, landlord and tenant law, matrimonial homes, public sector housing and planning law
  • Reproduces relevant statutes, rules, forms and directives including the Land Registration Act 2002, and amended Rules

A unique collection of documents for conveyancing, other property transfers and associated issues, Precedents for the Conveyancer:

 

  • Contains over 600 precedents for a broad range of transactions associated with the transfer of property
  • Covers business transactions, charities, mortgages, landlord and tenant issues, husband and wife, licenses, partnerships, vendor and purchaser, wills, executors and administrator
  • Provides detailed explanatory notes alongside each precedent, which look at the purpose of each document
  • Gives cross references to key case law and statutory authority
  • Draws attention to any tax implications
  • Includes new Land Registry forms and the RICS’s Common Auction Conditions
  • Contains guidance on drafting techniques to meet client requirements and comply with the
  • law, and highlights any problems that may occur
  • Ensures that responsibilities and obligations of the parties involved are clear

Providing detailed coverage of all aspects of residential and commercial property transactions, Emmet and Farrand on Title:

  • Covers every stage of the conveyancing process in meticulous detail, from enquiries before contract through to completion, and deals with issues such as remedies for breach of contract, mortgages and planning
  • Includes exhaustive documentation on case law, statutory provisions and Land Registry documentation
  • Deals with residential and commercial sales, leasehold transactions and mortgages, and all other issues likely to arise in property transactions
  • Offers advice on remedies following breakdown of property transactions
  • Contains full coverage on home information packs, co-ownership (in the light of the House of Lords decision in Stack v Dowden), unfair relationships jurisdiction for challenging mortgage terms, distress (following the Tribunals, Courts and Enforcement Act 2007), Land Registration (Electronic Conveyancing) Rules 2008 and Legal Services Act 2007
  • Aids problem-solving or clarifying points of law (cited in the High Court decision of United Bank of Kuwait v Sahib where conveyancers ignorant of Emmet and Farrand’s interpretation of the law on equitable charges by deposit were held to be negligent)
  • Provides in-depth practical discussion of the difficulties you might face and their implications
  • Comes with a free bulletin service highlighting imminent changes in the law and providing critical commentary on recent developments