Risk and Negligence in Property Transactions

This book examines the specific issues that may arise at different stages in the acquisition and conveyance of land and identifies the problems, pitfalls, and risks faced when acting for the buyer, seller, and lender, which may give rise to liability in negligence.

Format: Paperback / softback
Length: 208 pages
Publication date: 29 October 2018
Publisher: The Law Society

Managing risk is a fundamental requirement of the Solicitors Regulation Authority
Authority (SRA) Handbook and quality schemes. The land law in England and Wales remains intricate and largely uncodified, resulting in a significant number of claims against solicitors for negligence. This groundbreaking new book delves into the specific issues that may arise at various stages of land acquisition and conveyance, identifying the problems, pitfalls, and risks faced by buyers, sellers, and lenders, which may lead to negligence liability. In addition to covering routine matters such as compliance with Council of Mortgage Lenders (CML) Conditions, it includes chapters on discrete topics such as options or environmental matters, which will be particularly valuable to non-specialist practitioners.

The book is organized into five parts, each covering a different aspect of land law. Part One provides an overview of the legal framework and principles governing land ownership and transactions. It discusses the different types of land ownership, such as freehold, leasehold, and shared ownership, and the legal rights and obligations of landowners and tenants. Part Two explores the legal processes involved in land acquisition and conveyance, including the preparation of contracts, the registration of titles, and the completion of transactions. It also covers the legal requirements for mortgage lending and the role of solicitors in the process.

Part Three examines the issues that may arise during the ownership of land, such as disputes between landowners, boundary disputes, and environmental issues. It provides guidance on how to identify and manage these issues, including the use of alternative dispute resolution methods such as mediation and arbitration. Part Four focuses on the legal responsibilities of solicitors when acting for buyers, sellers, and lenders in land transactions. It discusses the duties of solicitors to advise clients on their legal rights and obligations, to conduct due diligence, and to comply with legal and ethical standards. It also covers the potential liability of solicitors for negligence in land transactions.

Part Five provides practical guidance on how to mitigate the risks associated with land transactions. It includes chapters on risk management strategies, such as the use of insurance, warranties, and indemnities, and on the legal implications of these measures. It also covers the importance of regular review and update of legal knowledge and practice to ensure that solicitors are up-to-date with the latest developments in land law.

In conclusion, this unique new book is a valuable resource for solicitors, law firms, and anyone involved in land transactions. It provides a comprehensive and practical guide to the complex and ever-changing field of land law, helping practitioners to navigate the risks and challenges involved in land transactions with confidence and professionalism.

Weight: 338g
Dimension: 157 x 234 x 19 (mm)
ISBN-13: 9781784460983