Conveyancing - the Online Summer Series 2023

Clients often expect their advisors to know everything about the law.  That’s clearly not possible but being aware of where issues can arise and finding solutions to them is an essential component of good conveyancing practice.  Our new online conference will take a solutions focused approach to conveyancing problems and bring delegates right up to date with the latest legal and technical developments.

Chaired by Ann Stewart of Shepherd & Wedderburn, this new conference, taking place online, will include topics ranging from right to roam, common good law and residential letting to handling complaints, RLP, Plans Reports and the Scottish Conveyancers Forum. 

An expert panel of speakers will join Ann, including Malcolm Combe from University of Strathclyde, Adèle Nicol of Anderson Strathern, Andrew Ferguson, Derek Hand of First Scottish, , Adele Watts from the Registers of Scotland, Susan Williams from the Scottish Legal Complaints Commission and Blackwood & Smith’s Struan Ferguson.

Craig Rae from the Registers of Scotland will host a drop-in session over lunch entitled ‘What's next for RLP? Help us shape the future!’ which will provide delegates with the opportunity to feedback on RLP and on RoS' proposals for the development of the service in future. 

Questions to be considered at the conference will include:

• what are a landowner’s responsibilities in relation to accessible land?
• what do you need to consider before ordering a Plans Report?
• what are the recent developments in common good law?
• how do you get the most out of RLP?
• what are the changes relating to private residential letting and what does the future hold for tenants and landlords?
  
• how do you recognise and deal better with the risk of complaints?
• what are the aims of Scottish Conveyancing Forum?

What's being covered?

Public access to the outdoors: an overview and update

The statutory right to roam, also known as the right of responsible access, is an important and sometimes contentious 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 recent appeal in the case of Gartmore House (in relation to core paths) and other topical instances where an occupier of land has sought to restrict access; consider a landowner’s responsibilities in relation to accessible land (including land traversed by a core path and/or a public right of way), potential liability issues, and possible enforcement options a landowner can face; and analyse topical examples of access disputes.

Malcolm Combe, University of Strathclyde 

Recent developments in common good law

The case of Guild v Angus Council has reached the stage of an Inner House decision. Andrew discusses this and some other areas of common good law based on his recent experience acting as consultant for various councils. In particular, he explores the sometimes tricky relationship between common good and trusts.

Andrew Ferguson

Private residential letting update

This session will consider changes in the law relating to private residential letting, both permanent and short term lets. It will cover: The Cost of Living (Tenant Protection) (Scotland) Act 2022 and analysis of the changes made by this Act; the implementation of the short term letting regulations; and the future for tenants and landlords.

Adèle Nicol, Anderson Strathern

Ordering a Plans Report and getting it right first time

This year we will look at what you need to consider before you order a plans report. We will examine the issues that can arise with flatted property including shops and main door flats. Finally we will have a look at ScotLIS and explain how to get the most out of this service.

Derek Hand, First Scottish

An Introduction to the Scottish Conveyancers Forum

The Scottish Conveyancers Forum was formed in 2022 to build on the success of various existing conveyancing forums in Edinburgh, Glasgow and elsewhere at a national level. The SCF Chair Struan Ferguson will be explaining more about the aims of the Forum while also providing an update on the current and future projects of the Forum.

Struan Ferguson, Blackwood & Smith 

Register land and property (RLP) update

RLP, Registers of Scotland’s digital land registration platform, now supports almost all dealings over the whole of a registered title. This session is intended to help you get the most out of RLP, and will include demonstrations of the latest features and developments, and a look ahead to what’s coming next.

Adele Watts, Registers of Scotland

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

This conference is proudly sponsored by First Scottish

.