Wednesday, 10 November 2021

 

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

Proprietorship Register

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.

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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