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:

1. prior to exchange of contracts
2. on exchange of contracts
3. from exchange of contracts to completion
4. on completion
5. 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