Conveyancing Conference at Scots Law 2022

With the remaining Covid restrictions falling away, the legal profession can turn its principal focus back to the business and practice of law under more normal circumstances.

Our next Scots Law series, Getting Back to Business, reflects this shift by providing an analysis of practical, statutory and caselaw developments in eight key practice areas that will help you offer best advice to your clients.

Chaired by Professor Kenneth Ross, our new online conference will look at a number of the more tricky issues that conveyancers have to deal with including: neighbour disputes in relation to maintenance and repair; the right of responsible access; the impact of insolvency on property transactions; and thorny tax issues.

The Registers of Scotland will update delegates on developments with the recently introduced Register Land and Property (RLP) and we will also guide delegates through some of the key issues when transacting with local authorities.

Incorporating a session on how best to deal with client complaints, we look forward to welcoming you to this important conference. Questions to be considered will include:

• how do you ensure that obligations for repair and maintenance have been implemented?
• what do conveyancers need to know about insolvency?
• what is the position when an occupier of land has sought to block access?
• how do you deal with the issues that arise when transacting with local authorities?
• what can often cause the most difficulty and concern in relation to tax issues and what do you need to know about them?
• how can you deal better with the risk of complaints?
• what’s new with Register Land and Property?

What's being covered?

Disputes between neighbours in relation to maintenance and repair 

In a purchase, it’s key to ensure that obligations for repair have been implemented. In this session we will consider: identification of the rights to carry out the works; the standard to which works have to be carried out; and rights to recover payment.

Professor Roddy Paisley, University of Aberdeen

How insolvency can affect real estate transactions

The impact of insolvency can be wide ranging from a property perspective as it has the potential to affect contractual obligations and the enforceability of lease terms. It is also likely that buying property from an insolvency practitioner will differ from the standard acquisition process and there are key differences as to how insolvency operates in Scotland in relation to calling-ups and hypothec. In this session we will look at: why conveyancers need to know about insolvency; the effect which insolvency can have on property contracts; what you need to consider when buying a property from an insolvency practitioner or lender following the calling-up process; and how tenant insolvency can impact on a lease. Hopefully by the end of the session you’ll be better equipped to advise your clients on the points which they need to consider when dealing with insolvency in a property context and the practical considerations which may assist in mitigating any associated risks.

Elaine Petterson, Brodies

Responsible access to land: where are we now?

The right of responsible access, also known as the right to roam, continues to be an important but sometimes not fully understood part of Scottish land law. This session by the author of The ScotWays Guide to the Law of Access to Land in Scotland will: provide a refresher on Part 1 of the Land Reform (Scotland) Act 2003 and an update on the most recent case law relating to it, including the 2021 case of Gartmore House (in relation to core paths) and other topical instances where an occupier of land has sought to block access; explain the interaction of the right of responsible access with public rights of way; and analyse the context of access rights in the aftermath of lockdown.

Malcolm Combe, University of Strathclyde

Property transactions with local authorities

Transacting with local authorities can be a trying experience. This course will cover issues common to all public sector bodies such as procurement rules and the political imperatives driving some transactions. The course will also cover the council's different regulatory responsibilities as, for example, planning authority, which can pose challenges. Alison Marr guides you through some of the key issues.

Alison Marr, Fife Council

Current tax issues for property lawyers

In recent years, the amount of tax knowledge which clients expect their conveyancers to have at their fingertips has increased drastically. However, as such taxes become more complicated and onerous, many practitioners are understandably reluctant to get involved in this area. Unfortunately, this can leave one open to some of the pitfalls awaiting the unwary. In this presentation, we will look at three of the areas which can often cause the most difficulty and concern. This will include the complex area of Land and Buildings Transaction Tax (LBTT) regime and the Additional Dwelling Supplement (ADS) – both of which can be a minefield to navigate. Alasdair will also look at the capital gains tax 60-day reporting requirements, which recently marked a substantial departure from how house sales were reported to the Revenue. Finally, the often forgotten Annual Tax on Enveloped Dwellings (ATED) will be covered, detailing how to ensure one’s corporate clients can remain on the correct side of HMRC.

Alasdair Johnstone, Anderson Strathern

Coping with complaints

Susan Williams will share some insight from the SLCC on the most common causes of complaints about conveyancing work, explore some case studies and suggest some practical tips to help you recognise and deal better with the risk of complaints.

Susan Williams, Scottish Legal Complaints Commission

Register Land and Property. Simplifying the registration process

An overview and demonstration of Register Land and Property, including what’s new and what’s next.

Adele Watts, Registers of Scotland

This conference is proudly sponsored by First Scottish