Gain Your Dip PG in ‘Property Law: Conveyancing and Property
Valuation’, Quad-Credit, 120 Credit-Hours.
Property
Law: Conveyancing and Property Valuation, Postgraduate Short Course, Leading
to Diploma - Postgraduate - in Property Law: Conveyancing and Property
Valuation, Quad-Credit, 120 Credit-Hours, accumulating to a Postgraduate
Certificate, with 60 additional Credit-Hours, and a Postgraduate Diploma, with
240 additional Credit-Hours.
Course Contents include:
#
Conveyancing
#PropertyLaw
#PropertyValuation
#TitleDeeds
#TitlePlan
#LeaseholdProperty
#GroundRent
#LandRegistry
#MineralRights
#FreeholdProperty
#TitleRegister
#TitleAbstract
#TitleRegister
#TitleNumber
#PropertyOwnership
#Easement
#RightofWay
#MapSearch
#DesktopValuation
#CurbsideValuation
#StructuralSurvey
#PlanningRules
#ChargesRegister
#PositiveCovenants
#RestrictiveCovenants
#LegalCharges
#EquitableCharges
#Rentcharges
#AbsoluteTitle
#QualifiedTitle
#PossessoryTitle
#PropertyTenure
#VendorIdentification
#SaleContract
#LabourerLien
# RightofWay
#RightofLight
#RightofSupport
#DominantEasements
#FishingRight
#ShootingRight
#OpenEvening
#PropertyAuction
Other Content Elements incorporate:
Part 1 - Contextual Issues in Property
Conveyancing: Surface Rights, Mineral Rights and Fee Interest |
Exploring the
Context of Conveyancing;
The Conveyancing Process as a Legal Transfer of Ownership;
Title Register,
Title Abstract
Title Deed;
Title Searcher;
Title Abstractors;
Surface Rights;
Mineral Rights;
Fee Interests;
Copyhold
Land
UK Mineral Rights Ownership;
Crown Ownership of Minerals,
Manorial
Rights;
Church Commissioners and the Crown;
Mines Royal;
UK’s Coal, Petroleum, Silver and Gold;
Crown Estate Mineral Agent.
Part
2: Living Accommodation: Their Types, Tenure and Ownership |
Types of Living
Accommodation
Flats;
Apartments;
Condominium;
Maisonettes;
Terraced House;
Semi-detached House;
Detached House;
Bungalow House.
Difference Between an Apartment, Flat and Condominium (Condo)
Flats, Apartments and Maisonettes
Flat;
Apartment
Maisonette
Leasehold and Freehold
Properties: A Generalised Distinction
Leasehold Properties: Restrictions and Charges
Service
Charges;
Ground
Rent;
Building
Insurance;
Reserve
or Sinking Funds.
Types of Freehold Properties
Terraced House;
Semi-detached House;
Detached House;
Bungalow House.
Types of Leasehold Properties
Flat or Apartment;
Marionette;
Terraced House;
Semi-detached House;
Detached House;
Bungalow House.
Leasehold
Properties: Their Creation and Implications
Lifespan of Leasehold and Freehold Properties
The Commonhold and Leasehold
Reform Act 2002
Managing Joint Leasehold
Properties;
Managing Without Fault-Finding;
Disadvantages of Freehold and Leasehold
Part
3: The UK Land Registry |
The Role of Her Majesty’s (HM) Land Registry
Advice, Support and Consultancy
Study Visits
Training
Business
Partnerships
Membership of International Land Bodies
Part
4: Land Registry’s Online Search Facility and Cost |
The Title Register;
Title
Summary of Freehold and Leasehold Properties;
Title
Plan;
Flood-Risk
Indicator;
Map
Search.
Flood-Risk
Indicator;
The Title Register:
The Title Number;
The
name of the Property Owner;
The
Recorded Purchase Price of the property. In some cases, this information is
unavailable;
Any
Rights of Way;
Whether
there is a current mortgage on it or one that has been discharged.
Title
Summary of Freehold and Leasehold Properties
The
Title Number;
Owner’s
Name;
Purchase
Price;
Property
Tenure: Leasehold or Freehold;
The
Name of the Mortgagee, if any;
Title
Plan
Flood-Risk
Indicator
MapSearch Facility
Land Registry Fees
Title
Plan
The Property’s Location
Its Main Boundaries;
Communal Areas or Shared Facilities;
Right of Ways.
MapSearch Facility
Alleyways;
Building Plots and Infill Sites;
Dilapidated or Vacant Buildings;
Fields;
Grass Verges;
Historic Buildings, e.g. Castles and Churches;
Lakes, Streams and Other Waterways;
Lanes;
Old Buildings That No Longer Have A Postcode;
Private Roads;
Ruins;
Village Greems;
Walkways;
Waste Sites;
Woodlands and Moorland;
Whether land and
property in England and Wales is registered;
The location of
registered land and property;
The title numbers;
Details of
freehold or leasehold tenure; and
Other registered
interests.
Land Registry Fees
Part
5: Property Valuation For Professional Valuers, Mortgagees, Estate Agents and
Investors (1) |
The
Political, Economic, Social, Technological, Ecological and Legal (PESTEL)
Factors: Their Effect of Property Valuation
Political Context:
Bilateral Trade Agreements;
Multilateral Agreements;
Employment Tribunal Rulings;
Wage Regulations;
Equality and anti-discriminatory Act;
Disability Rights Act;
Equal Opportunity Act;
Sex Discrimination Act;
Sex Discrimination or Related Act;
Gender Reassignment or Similar Act;
Other Employment Related Acts.
Economic Context:
Economic Exposure;
Transaction Exposure;
Translation Exposure;
Rulings by Regulatory Authorities;
Investment Boards;
Competition Commission;
Trading Regulation;
Foreign Exchange;
Interest Rates;
Availability of Funding.
Social Context:
General Social Context;
Urban-Suburban Preference;
Social Mobility;
Geographic Mobility;
Skills Levels;
Demographic Factors;
Age Range of Population;
Gender Mix of Population;
Ethnic Mix;
Vogue;
Behavioural Patterns;
Changing Expectations;
FADS; and
Social/Ecological Sensitivity.
Part
6: Property Valuation For Professional Valuers, Mortgagees, Estate Agents and
Investors (2) |
Technological Context:
E-Commerce its impact on Client/ Customer
Relationship Management (CRM);
Development and use of technology;
Affordability of technology;
Web-based recruitment;
E-Selection;
Web-based selection;
Video-conferencing;
Web-conferencing.
Ecological Context:
Biodiversity of Ecosystems
and their Protection,
Client/ Customer
Concern for Relevant Ecological Issues;
Climatic Shifts
impeding normal operation;
Degradation,
Deforestation and Depletion of Fisheries and other Natural Resources,
Demand for
Corporate Social Investment;
Ecological
Legislation;
Ecosystem Services used In Business Processes;
Emission
Standards and Requirements;
Environmental
Sustainability Concerns;
Flooding, Storms, and
Other Natural Disasters Caused by Natural and Human Influences on Ecosystems;
Government
Policy towards Environmental Issues;
Local Waste
Regulation;
Material
scarcity, resultant to Ecological Issues;
Mineral (Oil, Gas, Gold,
etc.) Deposits;
Natural
Environmental Constraints;
Quantity of Renewable
Resources;
Recycling
regulation;
Strategy
Implementation vs Ethical Concerns;
Water and Air Pollution
and their effect on a company’s operation;
Water Quality needed for
normal operation.
Legal Context:
Competition Rules;
Integration Rules;
Employment Law;
Indigenisation Rules;
Trading Rules;
Import and Export Laws;
Bilateral Trade Agreements;
Multilateral Agreements
Employment Tribunal Rulings
Wage Regulations;
Equality and Anti-Discriminatory Acts – e.g.
Disability Rights Act
Equal opportunity Act
Sex Discrimination Act
Sex Discrimination Reassignment;
Other Employment Related Acts.
Part
7: Professionalising Property Valuation |
Property Value Over Time
Executing The Valuation Process
Market Appraisal;
Formal Valuation
Desktop Valuation;
Curbside Valuation; and
Full Formal Valuation.
Conducting
a Full Formal Property Valuation
Aesthetic
Appeal;
Cosmetic
View;
Decor;
Disrepair
Issues;
Energy Efficiency;
Energy Supply;
Fixtures and Fittings;
Its age
Its
location;
Number of Rooms;
Out-buildings;
Room Layout;
Overall Size;
Room Sizes;
Storage Space;
Structural
Defects;
Structural
Improvements;
The
period since it was last sold;
The
price at which it was last sold or purchased;
The
price of similar properties in the locality.
Local
Factors Affecting Prices of Specific Properties
Its
degree of affordability
Its
location:
Global
Region;
Country;
County or Province;
City or State;
Its
Developmental Potential, in relation to:
Planning Rules;
Current Planning Permission;
Available Space;
Heritage or national and International Listing Status;
Covenants.
Property
Location and Valuation;
Developmental
Potential and Property Valuation;
Planning
Permission and Property Valuation
Property
Valuation and Equity;
Political
Factors and Property Valuation
Economic
Factors and Property Valuation
Part 8: Property Surveys: Their Types and
Importance |
Why
Surveys?
Types of Survey and Their Imperative;
Basic Valuation Survey;
Home Buyer’s Valuation and Survey Report;
Full Structural Survey;
In-Complex and Attached Property Survey;
The Former
Home Information Packs (HIPs);
Energy
Performance Certificates.
Property Law: Conveyancing and Property Valuation
Module 2
Property Conveyancing In Essence: Property Titles, Rentcharges,
Ground Rent, E-Conveyancing, Property Classification and Sale
Course Contents, Concepts and Issues
Part
9: Title Registers: The Property Register, Proprietorship, and Charges
Register |
Title Register:
Edition Date
When the property is sold;
When a mortgage (legal charge) is registered on It;
When a mortgage is redeemed;
When an equitable charge is placed on it;
When an equitable charge is removed; or
When a restriction or notice is added.
Date and Time of Official
Copy
Land Registry
Office Which Deals with The Title
The Property Register
Right of Way Over Adjoining Land
A Right of Light Easement
Right of Access Easement
Right of Support Easement
The Charges Register:
Positive Covenants
Restrictive
Covenants
Legal Charges
Equitable Charges
Part
10: Rentcharges, Ground Rent and Park Rent in England and Wales |
Rentcharges
or Chief
Rents;
Rent
owners;
The
Inception of Rentcharges;
Rentcharges and the Charge Register;
Provisions of the Rentcharges Act 1977;
Problems with Rentcharges;
Individual and Several Liability for Rentcharges;
Informal Apportioning of Rentcharges;
Application for Apportionment of a Rentcharge;
Order of Apportionment of a Rentcharge;
Redemption of Rentcharges;
Redemption of Rentcharges for Freehold but not
Leasehold Properties;
Application for the Redemption of Rentcharges;
Towards the End of Recharges? The Rentcharges Act 1977;
Extinguishment Pre-existing Rentcharges;
Prohibition of the Creation of New Rentcharges;
Exemption to the Provisions of the Rentcharges Act 1977;
Ground Rent for Leasehold Properties;
Peppercorn Rent as Ground Rent;
Ground Rent Notice;
Statute of Limitation Relevant to Ground Rent;
Ground Rent Default: Forfeiture Action;
Apportionment of Ground Rent;
Application for Apportionment of Ground a Rent;
Park Rent for Mobile or Park Homes;
Park Rent for Trailer Homes;
Protection Afforded by the (UK) Mobile Homes Act 2013.
Part
11: Title Classifications and Their Implications |
Classes of
Title
Absolute Title;
Qualified Title,
Possessory Title; and
Good Leasehold Title.
Implications of Absolute Title
Implications of Qualified
Title
Significance of Possessory
Title
Importance of Land
Registration Act 2002
The Concept of Squatters’
Right;
Abolition of ‘trust’ by the Land Registration Act 2002;
Registering Possessory Title
to Registered Property
Registering Possessory Title
to Unregistered Property
Objection to Possessory Title Application;
Contesting Possessory Title Application;
The Place of Good
Leasehold Title
Part
12: Property Conveyancing In Essence (1) |
Conveyancing as A ‘Process’
Pre-contract Stage;
Sale Contract Stage;
Post-Contract or Pre-Closing Stage;
Closing or Completion Stage;
Post-Closing or Post-Completion Stage.
Conveyancing
for the Vendor
Pre-Contract Stage (Vendor)
Formalizing
Instruction or Authorisation, From the Vendor, For the Sale of The Property;
Agreeing
Conveyancing Cost, Taking Deposit, Where Appropriate;
Formally Identifying
the Vendor
Investigating the
Property: Ownership, Right of Sale, etc.
Contacting any
legitimate ‘Interests’ in the Property.
Obtaining A Copy
of The Property Title and Deed;
Determining the
Property’s Sale Price;
Agreeing on The
Items Included in The Price of The Property, or As Options (At Additional
Costs).
Investigating the
Potential Purchaser.
The Purchaser’s
Identity
The Purchaser’s
Finance
Deposit in Hand;
Equity from Sale
or Anticipated Sale of Own Property;
Loan or Mortgage
Amount;
Status of Mortgage
Application;
Name of Lending
Institution;
Lending
Institution’s Branch Address;
Bridging Loan, if
Any;
Supportive
Evidence.
Addressing
Enquiries Raised by The Purchaser’s Conveyancer.
Establishing a
Completion Date.
Sale Contract Stage (Vendor)
Post-Contract or Pre-Closing Stage (Vendor)
Closing or Completion Stage (Vendor)
Post-Closing or Post-Completion (Vendor)
Completion
Statement
Property Sale
Price
Cost of Chattels
Mortgage
Redemption Payment to Bank/ Building Society
Bank Charge
Estate Agents'
Commission
Land Registry -
Deeds
Conveyancer's Fee
VAT on
Conveyancer's Fee (@20%
Amount Owing to Vendor, on Completion
Part
13: Property Conveyancing In Essence (2) |
Conveyancing for the
Purchaser
Pre-contract Stage;
Sale Contract Stage;
Post-Contract or Pre-Closing Stage;
Closing or Completion Stage;
Post-Closing or Post-Completion Stage.
Pre-Contract Stage (Purchaser)
Formalizing
Instruction or Authorisation, From the Purchaser, For the Purchase of The
Property;
Formally
Identifying the Purchaser;
Drafting
Conveyancing Contract - Taking Deposit, Where Appropriate;
Investigating the
Property: Ownership and Title;
Verifying Property
Tenure;
Preparing Pre-
Contract Property Questionnaire for The Vendor
Recommending and
Commissioning Property Survey;
Providing Guidance
to Multiple Purchasers on Ownership Type;
Conducting Local
and National Searches;
Guiding the
Purchaser Through Property Inventory;
Establishing a
Completion Date.
Reviewing Draft Sale Contract (Purchaser)
Formalizing
Instruction or Authorisation, From the Purchaser, For the Purchase of The
Property
Formally
Identifying the Purchaser
Drafting
Conveyancing Contract - Taking Deposit, Where Appropriate
Investigating the
Property: Ownership and Title
Part
14: Property Conveyancing In Essence (3) |
Investigating the Property Title.
Absolute Title;
Qualified Title,
Possessory Title; and
Good Leasehold Title.
The Header;
The Property Register;
The Proprietorship Register;
and
The Charges Register.
A mechanic's lien.
A lender's
mortgage lien.
A lien for unpaid
property taxes or common charges.
Construction lien.
Materialman's
lien.
Supplier's lien.
Labourer’s lien.
Verifying Property
Tenure
Preparing Pre-
Contract Property Questionnaire for The Vendor
Before arriving at
the contract stage, it is necessary for the purchaser to have a full picture of
his or her potential
Property Boundaries and Fences
Owner
of Boundary to the front;
Owner
of Boundary to the left;
Owner
of Boundary to the right;
Owner
of Boundary to the rear;
Known
Boundary changes;
Boundary
removal, through sale or otherwise.
Driveways
or Walkways to The Property
Existence
of Driveway;
Individual
Ownership;
Shared
Ownership.
Available
Services
Drainage;
Water;
Electricity;
Telephone;
Mains Gas.
Servient
Easements
Right of Way;
Right of Light;
Footpath Services;
Right of Support;
Car Parking.
Dominant Easements
Right of Way;
Right of Light;
Footpath Services;
Right of Support;
Car Parking.
Part
15: Property Conveyancing In Essence (4) |
Servient Profits a
Prendre
Fishing Right;
Shooting Right;
Turf Right.
Dominant Profits a Prendre
Fishing Right;
Shooting Right;
Turf Right.
Amount of Property Outgoings
Annual Ground Rent;
Annual Community Charge;
Rating Band;
Annual Water Rates;
Annual Service Charge;
Annual Insurance Cost.
Property-Related Legal Notices
Served on Property
Owner;
Served by Property
Owner;
Previous or
current Individual Voluntary Arrangements (IVA);
County Court
Judgment for Property.
Property Liability or Interests
Any outstanding
Mortgage;
Other Charges on
Title;
Current Litigation;
Previous
Litigation;
Pending Litigation;
Repayable Grants.
Vacant Possession
Sitting Tenants;
Post 16 Family Members Residing in Property.
Utilities and Certificates
Energy Performance Certificates;
Energy Rating;
Electricity meter Type;
Gas Meter Type.
Home Insurance
Type of Policy;
Contents Cover;
Name of Insurer;
Expiration of Policy.
Recommending and
Commissioning Property Survey
Providing Guidance
to Multiple Purchasers on Ownership Type
Conducting Local
and National Searches
On-Property
Problems;
Local and National
Plans for Development;
Local Planning
Rules
Flood Risk
On-Property Problems
Mining shafts;
water wells;
Sinkholes;
Risk of
subsidence.
Local and National
Plans for Development
Flood Risk
Guiding the
Purchaser Through Property Inventory
Establishing a
Completion Date.
Reviewing Draft Sale Contract (Purchaser)
Contract Stage
(Purchaser)
Post-Contract or Pre-Closing Stage (Purchaser)
Transfer Deed (Form TR1) from the vendor’s
Conveyancer;
Stamp
Duty Land Tax Certificate
Form
AP1 or form FR1
Certificate
of identity (for unregistered conveyancers)
Closing or Completion Stage (Purchaser)
Post-Closing or Post-Completion (Purchaser)
Completion Statement for The Purchaser
Part
16: UK Property Marketing and Sale |
Estate
Agents Property Marketing, Sale and Legal Obligation;
The
‘Estate Agent – Vendor – Purchaser’ Relationship;
Personal Property Marketing and Sale;
Timescale
From An Offer To Closure;
The
Former Home Information Packs (HIPs) and Current Energy Performance
Certificates (EPCs);
Conventional
Property Sale;
The
Scottish Bidding Process;
Open Evening;
Public
Property Auctions;
Vacant
Property Sale;
Gazumping;
Gazundering;
Flipping
homes
Part
17: UK Commercial Properties: Their Taxes, Classifications Implications for
Business Operators |
UK Business
Rates;
Capital Gains
Tax;
Class A1. Shops;
Class A2.
Financial and Professional Services;
Class A3. Food and Drink;
Class B1. Business;
Class B2. General Industrial;
Class B3. Special Industrial Group A;
Class B4. Special Industrial Group B;
Class B5. Special Industrial Group C;
Class B6. Special Industrial Group D;
Class B7. Special
Industrial Group E;
Class B8. Storage or Distribution;
Class C1. Hotels and Hostels;
Class C2. Residential Institutions;
Class C3. Dwelling-houses;
Class D1. Non-Residential Institutions;
Class D2. Assembly and Leisure.
Part
18: International Electronic Conveyancing (E-Conveyancing) |
The Birth of
International Electronic Conveyancing;
E-Conveyancing
in England and Wales;
Provisions of
the Land Registration Act 2002;
Registration of:
An Estate in Land;
A Rentcharge;
A Franchise;
A Profit a Prendre In Gross;
Other Interests in Title.
UK’s Electronic Document
Registration Service (EDRS);
Land
Registry eDocument Registration Service Introduction;
Guidance
on Getting Identification Verified for Land Registry using form ID1;
How
to Avoid Land Registry Requisition Errors in Lodging Applications
Electronically;
InfoTrack;
Updating the Land Registration Act 2002;
Digital Registers;
Introducing GOV.UK Verify;
E-Conveyancing
in Canada;
Ontario
Electronic Land Registration System (ELRS);
Ternate;
Do Process Software;
Online
Property Search and Registration;
Canadian Conveyance;
The Philippines Electronic Lang Registry;
E-conveyancing in Australia;
E-conveyancing in New Zealand
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