The following Property practice note Produced in partnership with Rachel Oliphant of Pinsent Masons provides comprehensive and up to date legal information covering:
In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with the transaction. However between checking the title and the deed in their favour (the Deed) being presented for registration in the appropriate land register the situation could alter depriving the buyer/tenant/lender of the rights they thought they were acquiring. Although the risk will be addressed in the contract between the parties, there are also protections available through the registration process. See England and Wales Practice Note: The ‘registration gap’.
The way to avoid the risk in England and Wales is to carry out an official search with priority (priority search) in the HM Land Registry and ensure that the Deed is registered during the priority period. See Practice Note: Pre-completion searches—Official search with priority—registered land or seller’s title pending first registration.
In Scotland, the risk is addressed by an advance notice and ensuring that the Deed is registered during the protected period. See Practice Notes: Investigating title in Scotland—searches and enquiries—the basics and A guide to land registration and the sasine register in Scotland.
Although both solutions aim to address the gap period there are differences and it is important that a party more familiar with one jurisdiction is aware of the different protection provided in the other jurisdiction.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.