Land law and Conveyancing Advanced
Through studying this course the learner will understand:
- The differences between the fee simple and the term of years absolute
- The difference between freehold, leasehold and commonhold estates
- The difference between legal estates and interests and equitable estates and interests
- The reforms of the 1925 property legislation and the effect of the Land Registration Act 2002
- The differences between registered land and unregistered land
- The system of land registration, the types of estates capable of registration and the classes of title that can be registered at HM Land Registry
- A possessory title and how it can arise
- How a loan can be secured by way of Mortgage/Charge, when a Lenders’ Power of Sale arises and when it can be exercised
- How third-party rights can be safeguarded in a registered land transaction
- How third-party rights can be safeguarded in an unregistered land transaction
- The importance of the Land Registry Act 2002
- The effect of the Law of Property (Miscellaneous Provisions) Act 1989
- The ways in which property can be held in co-ownership in law and in equity
- The nature of a restrictive covenant and an easement and how they can arise
- The procedural steps in both a registered and an unregistered Conveyancing transaction:
- prior to exchange of contracts
- on exchange of contracts
- from exchange of contracts to completion
- on completion
- post-completion
- The differences between all the pre-contract and the post-contract Searches and enquiries that might be raised on behalf of a Purchaser and/or a Mortgagee
- How to assist a Client with the sale of their property
Coursework: Achievement test and written assignment