This year's Conveyancing Conference will get back to the the nitty gritty of property law, from considering purchasing from insolvency practitioners and getting plans right to dealing with tax and properties at auction. It will also consider what you need to know about new developments, including the Register of Persons Holding a Controlled Interest in Land, the Scottish Law Commission's project on the law of heritable securities and Register Land and Property - the Register of Scotland's new digital registration journey. Questions to be considered will include:
are you able to deal confidently with 'conveyancing oddities'?
what do you and your clients need to know about ancillary rights?
what are the Scottish Law Commission's key proposals to reform heritable securities?
what do you need to know about the new Register of Persons Holding a Controlled Interest in Land?
how does Register Land and Property help land registration submission to be easier, faster and more efficient?
how do you make sure your plan is perfect?
can you identify tax issues that may be relevant to your client
Including a wide-ranging keynote presentation from Professor Roddy Paisley in advance of the publication of his book Rights Ancillary to Servitudes: Principles and Practice of the Law of Servitudes, this comprehensive conference chaired by leading conveyancing and property lawyer Ann Stewart is an essential event for all conveyancing and property lawyers.
What's being covered?
Ancillary rights are the parts of servitudes that deal with very practical issues such as upgrading and maintenance - but what do you and your clients need to know about them? Roddy's wide-ranging presentation will answer this question.
Professor Roddy Paisley, The University of Aberdeen
Are you confident that you know how to design parties when buying from insolvency practitioners or heritable creditors in possession? Do you know how to describe partnerships, trustees or executors and other types of entity? Are you comfortable dealing with properties at auction? Do you know what documents and procedures you need to check for in these cases to ensure that your deeds are valid and competent? This session will provide you with a guide to drafting relevant documents successfully, and what checks you need to cover in your due diligence.
Ann Stewart, Shepherd and Wedderburn
The Register of Persons Holding a Controlled Interest in Land ('RCI'): Overview and issues for property lawyers
The new RCI will come into force on 1 April 2022, with a transitional period to 1 April 2023. This register is intended to implement the policy of greater transparency as to the control of land in Scotland, and so whilst it is a register which is directly related to land and which property lawyers will inevitably be involved with, this new register is based upon concepts that are not related to property law. The talk will provide an overview of RCI, focusing on: the triggers for registration; exclusions and the interaction with other transparency regimes; the steps involved in registration; timescales; liability; useful resources; and preparedness for the register.
John Sinclair, Burness Paull
Reform of Heritable Security
This talk will examine the Scottish Law Commission's project on the law of heritable securities. It will consider the approach to securing obligations ad factum praestandum, the kinds of heritable property which can be used as collateral, the relationship between the secured obligation and the right in security, the changes to the standard conditions and to the enforcement procedures under the proposed system.
Dr John Macleod, The University of Edinburgh
Register Land and Property Demonstration
During this presentation, colleagues from the Registers of Scotland Product team will walk you through the newest development in our digital registration journey – Register Land and Property (RLP). This new offering consolidates existing services into a unified land registration submission experience. RLP streamlines and simplifies information gathering in a way that brings us closer to the goal of increased automation. Join us to find out how it will make things easier, faster and more efficient for customers and see a first-hand demonstration of this exciting new development.
Adele Watts, Registers of Scotland
Finding solutions to plans problems
The presentation will cover some of the enquiries received on a daily basis and will include deed preparation, plans reports and rectification. It will use actual case studies and provide a detailed step by step process to arrive at the advice given. The Ordnance Map will also be looked at and some of the issues around registration and registered titles will be explored.
Derek Hand, First Scottish
LBTT is not the only tax
LBTT is not the only tax relevant to residential property transactions. This session is intended to provide you with a tool box that will enable you to identify tax issues that may be relevant to your client and know when to suggest that it may be time that your client took some tax advice. Issues covered will include, recent changes to principal private residence relief, capital gains issues tax on divorce and separation and the new capital gains tax reporting requirements.