Conveyancing at Scots Law 2022

The legal profession has been resilient and innovative in the face of unprecedented challenges over the past two years.

To ensure that you can continue to provide your clients with the solutions they require, our new Scots Law series, Practical Advice Beyond Disruption, looks at the crucial next phase in eight key practice areas.

Our online Conveyancing Conference will focus on the raft of new developments essential for your practice, from the imminent launch of the Register of Persons Holding a Controlled Interest in Land, the impact of the recently published New Homes Quality Code that changes the way you deal with new home missives and completion to the Scottish Law Commission’s proposals on the exercise of remedies under a security.

Acquisition of rights, developments in residential letting around improving standards and short-term letting, how you can help support climate change action and how to manage risk effectively will all also be covered.

Questions to be considered will include:

• what is the type of possession required to acquire rights?
• what are the additional requirements in the New Homes Quality Code that will change the way you deal with new home missives and completions?
• what is the new process recommended by the Scottish Law Commission for the exercise of remedies under a security and how can you have your say?
• how can your advice, drafting, and transactional processes be adapted to support climate change action?
• what do you need to know about the Register of Persons Holding a Controlled Interest in Land before its launch on 1st April?
• are the provisions of the Private Housing (Tenancies) (Scotland) Act 2016 working in practice?
• how can you reduce and manage your risk?

Chaired by Ann Stewart of Shepherd & Wedderburn, this is an important conference for all involved in conveyancing.

What's being covered?

Positive prescription and the acquisition of rights

This presentation will address the continuing importance of positive prescription and the increasing relevance of the topic in light of the Land Registration (Scotland) Act 2012.  The acquisition of rights, ss1 and 3 of the Prescription and Limitation (Scotland) Act 1973, the type of possession required and the interaction with the 2012 Act will all be considered.

Professor Roddy Paisley, The University of Aberdeen

The New Homes Ombudsman – better for customers, better for conveyancers?

The New Homes Quality Code - the new code of practice that will supersede existing consumer codes that apply when a customer buys a new build home – was published just before Christmas. The new code contains significant additional requirements that will change the way lawyers deal with new home missives and completions. This presentation will consider the effect of the new code.

Andrew Todd, Springfield Properties

Heritable securities: default and post-default

The second Discussion Paper in the Scottish Law Commission’s project on heritable securities was published in December 2021. The paper focuses on the exercise of remedies under a security, looking at when a debtor should be considered “in default”, suggesting reform to the debtor protection regime currently applicable where a property is used “to any extent for residential purposes”, and proposing a streamlined new process for enforcement from default through to sale. Professor Frankie McCarthy, the lead Commissioner on the project, will take delegates through the paper – responses to the consultation can be submitted at the SLC website until 1st April 2022.

Professor Frankie McCarthy, Scottish Law Commission

Climate change action – what can Property do?

The planet is facing existential change from the projected rise in global temperatures, and as buildings and land use are major contributors to greenhouse gas emissions, their owners and occupiers have a significant role to play in climate change mitigation and adaptation. This session will highlight some of the government proposals and policies that have a direct impact on property interests, and will look at how your advice, drafting, and transactional processes can be adapted to support climate change action.

Ann Stewart, Shepherd & Wedderburn

Increasing transparency: The Register of Persons Holding a Controlled Interest in Land

RoS is launching the Register of Persons Holding a Controlled Interest in Land (RCI) 1 April 2022. The purpose of RCI is to hold a record of a person or persons that can influence decisions concerning ownership of land in Scotland.  When launched, RCI will increase public transparency over decision making concerning land and ensure there can no longer be categories of owner or tenant where, intentionally, or otherwise, control of decision making is obscured. You will find out more information at this presentation by the team designing and building the register at Registers of Scotland.

Lynne Johnstone, Nikki Duke & Norman Baikie, Registers of Scotland

Residential tenancies in 2022

This session will consider the impact of the Private Housing (Tenancies) (Scotland) Act 2016 and whether its provisions are working in practice.  Detailed consideration of the Scottish Government’s improving standards agenda will also be considered, as well as the latest position with short-term letting regulation and what that may mean for the advice you provide your clients.

Adèle Nicol, Anderson Strathern

Risk management for conveyancing solicitors – some lessons learned

This session will look at examples of recent Master Policy claims in property transactions and discuss the lessons to take from them.  Delegates will learn about the risks facing conveyancing solicitors arising either from substantive legal knowledge or from procedures and file management. The session will be case study-based, together with suggestions of simple steps that conveyancers can take to reduce and manage their risk.

Kenneth Law, Lockton

This conference is proudly sponsored by First Scottish