DOWNLOAD PDF LAW RELATING TO CONVEYANCING IN A NUTSHELL

Transcription

1 Chapter 1 : Conveyancing Law CPD Courses Adverse Possession in a Nutshell Legal CPD Course The law relating to conveyancing in a nutshell (Nutshells and questions and answers) [Marston de la Paz Garsia] on theinnatdunvilla.com *FREE* shipping on qualifying offers. News for Solicitors Conveyancing explained Conveyancing is the posh word for all the legal stuff that goes on when you buy or sell a residential or commercial property. Up until, you had to go to a solicitor to prepare all the paperwork for you. The Government then allowed a new profession, licensed conveyancers, to also perform the service. Both solicitors and licensed conveyancers are closely regulated. Buying and selling a property can be a financial and emotional rollercoaster. Next thing is to stop squealing with excitement and instruct a solicitor or licensed conveyancer. So the best advice is to do your research, or better still, get a personal recommendation from colleagues, friends or family. We asked a licensed conveyancer to describe in a nutshell what Conveyancing is. He said, it can be simple, complicated, stressful and slow, smooth and quick. So not conclusive, but just goes to prove that, because Conveyancing deals with people not just property, each transaction is unique. Different clients, lawyers, estate agents, mortgage lenders and mortgage advisors; they all have their own influence on the speed and conduct of the transaction. The solicitor or licensed conveyancer will tell you their fees, and this should not alter unless there are complications with the sale or purchase. If you are buying a new property the builders may make a small charge for creating the required legal documents. A moving date is agreed and all aspects of the transactions are confirmed. Then, on the agreed date, the agreed purchase price is paid and the keys are handed over. Your chosen solicitor or licensed conveyancer will take all the details of the transaction, addresses, relevant contact numbers, and they then open a file. There are also a few things like searches more about those in a moment and various enquiries that need to be made to different people and departments. What is a Property Title Search and what are they searching for? A full Property Title Search involves going through all the recorded documents, court cases etc. A typical report should also contain information, such as whether or not taxes have been paid and how much. It should also include any conditions and restrictions to do with the property. In some areas it is also a requirement to make sure that the owner and the buyers do not have any outstanding court cases that may affect the property Bankruptcies, for example. Local Authority Search This is a search which is undertaken at the local council. It reveals whether there are any charges or orders registered against your property by the local authority which could affect you after your purchase. It also provides information about planning, highways, environmental and transport.. Land Registry This search is carried out immediately prior to completion of your purchase to ensure that there have been no mortgages or notices registered against the property you are buying. It brings to light any court proceedings pending against you which need pointing out to the lender. There may be other searches carried out like mining, drainage, and environmental searches. Depending upon the circumstances of your purchase, i. In other words, he or she has the right to sell the property, and that there is nothing that would prevent someone getting a mortgage on the property or re-selling it. They keep you informed, steering clear of legal jargon, even though the documents and paperwork they are dealing with are full of it. A good conveyancer will: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic. Published on 22nd January Last updated 28th March Page 1

2 Chapter 2 : Conveyancing Law CPD Courses Rights of Way Legal CPD Course The law relating to real property and conveyancing in a nutshell [Marston de la Paz Garsia] on theinnatdunvilla.com *FREE* shipping on qualifying offers. Registered conveyancing â arises where the land or interest in land has been registered. The title in land or interest in land is proved by an entry in the official register. Ordinarily the entry in the official register is considered to be conclusive proof of title. Unregistered conveyancing â arises where the land in question or interest in land are not registered. Title to land in unregistered conveyancing is usually proved by tracing through the title deeds disposing off the property or interest in land. It is necessary for one to establish the root of the title. And the documents should not be taken as conclusive proof for the title Formalities in the disposition of land Disposition in land are usually conducted in two phases: Stage at which the transfer of the interest in land is affected. Contract for sale of land. Just like any other contract. However, there are other prerequisites: There must be an offer. There must be acceptance of the offer. There must be consideration d. The parties must have the intention to create a legal relationship. The parties must have contractual capacity. Contract of sale of land is subject to certain stringent provisions. It is not like any other contract, say for instance for sale of chattels. Unlike other contracts of sale, a contract for sale of land must be in writing. Prior, a party to reinforce an agreement sale based on part performance, the courts will consider an unwritten sell agreements based on then areâ In, an amendment was then made in the act which stated as follows; that no suit shall be brought upon a contract for the disposition of an interest in land unless: The contract upon which the suit is based: Is in writing ii. Is signed by all the parties thereto b. The signature of each party signing has been attested by a witness who is present when the contract was signed by such a party. In a nutshell, the Requirement for writing under this amendment is therefore absolute. Assignment A contract for sale of land must therefore contain the following: The identity of the parties names of the person, id no. Identity of the property land parcel number, size of land. The price of the property consideration. Other terms and conditions of the transaction. Respective signature must be appended by both parties to the contract. Specific performance â one must have performed his part so as to be able to rely on this remedy 3. The conveyancing process involves the following: Searches to establish the legal ownership of land and to find out if there are any encumbrances c. Preparation of conveyancing documents approving and engrossing. Execution, attestation and verification e. Execution and attestation Execution can be said to be the making of an impute by the person entitled to an interest in land or a conveyance. One of the ways of execution is the signing of an agreement. In printing can be done by way of signature or stamping. Where a company is involved, a company seal will be affixed and attested to by either two directors of the company or a director and a company secretary. For other bodies like societies, trust bodies or organizations, you need to ascertain from the constitution, the person in authority to sign. For govt bodies or parastatal you look at the act establishing the parastatal or organization as to who has powers to sign. For a corporate body, association, corporative society or any other organization, the execution of any instrument shall be effected in the presence of either an advocate of the high court of Kenya, magistrate, a judge or notary public. If an instrument is executed outside Kenya, the instrument shall not be registered unless it has endorsed on it or attached to it a certificate in the prescribed form: If the instrument is executed within the commonwealth then by a judge, magistrate a notary public or commissioner for oaths. If the instrument is executed in a foreign country outside the commonwealth then by any other person or class of persons as the cabinet secretary may prescribe. Where you are effecting a transfer in addition to execution and attestation you must attach the following instruments: A copy of ID or a passport. A copy of PIN certificate. Where applicable marriage certificate v. Such other identification documents as the cabinet secretary may prescribe. Appear before the registrar, public officer or other person as is prescribed. Be accompanied by a credible witness for purposes of establishing identity unless the person is not the registrar, the public officer or other person. The registrar, public officer or other person shall identify the person and ascertain whether the person freely and voluntarily executed the instrument and shall complete a certification to that effect. There are cases where the registrar can dispense with verification. This is where Page 2

3 the registrar considers that the verification cannot be obtained without difficulty or is satisfied that the document has been properly executed. If the registrar conforms that the document has been properly executed, registrar will record on the document, the reasons for dispensing the appearance of the parties. This is an instrument by which a person appoints another to act for him in any matter including dispositions of interest in land. It may be general or specific. The person appointing is known as the principal or the donor. The person appointed is known as a donee. The person granting the power of attorney must have capacity to do so. The original power of attorney or a certified copy thereof shall be filed. There are circumstances where a document can be registered without the power of attorney. These include under s. But before the registrar can accept some documents executed by a guardian or a person appointed to represent under legal capacity, the registrar must be satisfied that the person claiming to be a guardian is entitled to execute the document and secondly require the production of the appointing instrument of the person and shall file a notice of explanation to that effect. The power of attorney must be in the prescribed form and failure to comply renders the power of attorney unenforceable. The donor must issue a notice in the prescribed form to the registrar. Revocation of that power of attorney. TOPIC 5 Registration It can be defined as the process of recording interest in land so as to facilitate the ascertainment of these interests through searches for effective conveyancing. Once registration is done, an interest in land is transferred from one person to another. There are several goals of registration. A good registration system will aim at the following: Achieving security of tenure. It gives one a right to indemnity from the govt. This is the security that a transferee, mortgagee enjoys. It flows from the fact that a purchaser of land from proprietor on the register should have commercial evidence in the transaction and bothered by the beneficence of title not revealed in the register. The government guarantees security of tenure under s. Security of tenure is also guarantee by the conclusiveness of the register. No claim which is inconsistent with the register can be conveyed against the interestâ A person who has acquired title from a registered proprietor acquires an indivisible title against the whole world. Reduction of litigation It is achieved through registration in the sense that the size and the owner of the land are determined. The reduction in litigation is one of the reasons as to why a good registration system must have survey as an indispensable prerequisite. Once registration has taken place, one may transact or settle on his land without fear of being sued. Prevention of fragmentation of land. One needs the consent of the land control board in the case of agricultural land before a subdivision is carried out. The land control board can refuse consent on the ground that the subdivision will lead to unnecessary fragmentation. In urban areas one needs the permission of the planning, development and user committee. Registration will not be done without the permission of the committee. Facilitation of tax legislation. Registration enables the government to identify a person against whom to levy a tax or a rent regarding a parcel of land. Since the land transaction must be registered, the government is able to follow up a sale of land and tax it. Local authorities are also able to get revenue from trust land. Administration of loan system. Security of title makes banks able to advance money to the proprietors. Once one is registered as a proprietor it is easy for the person to get money using the title as security. Under the registration of the deed a public register is kept in which documents affecting interest in land are copied or abstracted. It is the document or the deed that is registered and not the title. In this system, it is the document that proves title and not the register as is opposed to registration of title. A person relies on this kind of register is supposed to inquire into the history of all transactions affecting the particular parcel of land. Page 3

4 Chapter 3 : The Knowledge Tree (Law Notes ): LAW OF CONVEYANCING/PROPRIETARY RIGHTS AND " Reading The Law Relating to Real Property and Conveyancing in a Nutshell is as therapeutic as music and cinema. American University has conducted research and recommended that when in difficult times in life, reading about the related subject induces to experience the character struggles in this book and proceed to practical life. An arbitrator will usually be a member of the Chartered Institute of Arbitrators. They will come to a decision based on written evidence supplied by both you and the other party. Unlike other forms of ADR, Arbitration is legally binding on you and the other party. The arbitrator will make a formal legally binding judgment. This is serious stuff. Arbitration on a large scale is not too dissimilar from court proceedings and is therefore primarily constructive in resolving disputes multi-nationally. You and the other party contractually agree to refer disputes to Arbitration for a legally binding decision. Held privately, Arbitrations can follow set procedures governed by the arbitrator when an agreement between you and the other party has been reached, or alternatively can follow rules set by official bodies such as the International Chamber of Commerce. The cost; the arbitrator and solicitor - which can be an unknown amount when setting off along this path. How much does it cost exactly? Most Arbitration schemes charge a fee. Choose one who will truly look after you and act in your best interests. A good place to start is by asking friends, colleagues and family for personal recommendations. Settle on a lawyer who you feel totally comfortable with. Most important of all, go and meet them face-to-face. Tell them your circumstances and listen to what they have to say. There are a good number of excellent lawyers specialising in Arbitration who will give you sound, realistic advice. This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic. Published on 25th January Last updated 28th March Chapter 4 : Best conveyancing books in a nutshell. Here is an explanation of the conveyancing process: 1. The seller's Solicitor obtains details of the Title, drafts the contract and submits the completed Fixtures, Fittings and Contents List and the Property Information Form. Chapter 5 : Nutshell: Contract Law 7th â Thomson Reuters Australia Best Books On Conveyancing. For those solicitors and conveyancers who practice regularly, it is important to keep up with the latest news. Property laws are flexible and ever-changing and so it is important to be aware of any new laws that are implemented. Chapter 6 : Arbitration in a nutshell - Arbitration - Law Plain and Simple Conveyancing explained Conveyancing is the posh word for all the legal stuff that goes on when you buy or sell a residential or commercial property. Up until, you had to go to a solicitor to prepare all the paperwork for you. Chapter 7 : Real Property In A Nutshell Simple Step Faster Received Buy Law relating to conveyancing in a nutshell: With which is incorporated Krusin's 'Practical conveyancing' (Nutshell series) 3rd ed by Marston Garsia (ISBN:) from Amazon's Book Store. Everyday low prices and free delivery on eligible orders. Chapter 8 : Conveyancing explained - Conveyancing - Law Plain and Simple Conveyancing Procedure in a Nutshell The Sale Agreement Buying or Selling property is the biggest financial commitment most of us will ever undertake, it's very important that the Estate Agent and Conveyancers are chosen Page 4

5 carefully. Chapter 9 : Real Property in a Nutshell UVA Library Virgo This course offers a practical discussion of the old and new rules relating to adverse possession, with particular reference to commonly-encountered scenarios and their likely consequences Delivered by experienced lecturer Richard Quenby, this bite size recorded webinar is primarily aimed at conveyancers and will ensure that practitioners are aware of the most recent decisions in this area. Page 5