Paul Butt

Paul Butt is a retired consultant at Rowlinsons Solicitors.

Insight

Expert Insight: Fire safety in flats

It is unlikely that anyone has forgotten – will ever forget – about the disaster at Grenfell Tower in July 2017, but recent Tribunal cases should serve to remind conveyancers about the importance of finding out about fire safety when buying flats.Read More

Legislation & Litigation

Expert Insight: The right to manage

Introduction Increasingly, flat owners are seeking to overcome the problems of rising service charges and declining standards of maintenance by taking over the responsibilities themselves by exercising the Right to Manage (RTM) granted to them by the Commonhold & Leasehold Reform Act 2002. However, flat owners contemplating embarking on the RTM journey should be warned […]Read More

Insight

Expert Insight: Disappearing Easements

Introduction The Law Society’s Conveyancing Handbook states, at para. 26.5.1 that a Buyer’s conveyancer ‘must check the title and all the other documents in his file to ensure that the buyer will have the benefit of all the easements necessary for the enjoyment of the property’. But a recent case reminds us that although an […]Read More

Insight

Yet more leasehold thoughts

INTRODUCTION I am so sorry to go on about long leases yet again – I am sure we are all sick to the teeth with them – but what does not seem to have received much publicity is the publication by the Council of Mortgage Lenders (now UK Finance) of ‘information’ for those acting for […]Read More

Insight Legislation & Litigation

Land Registry Requistions: Baker v Craggs [2016] EWHC 3250

 Introduction Many conveyancers will have received requisitions from Land Registry after submitting an application for registration. Eventually, if the requisition is not answered adequately, the application will be cancelled. A new application for registration will then have to be submitted. But what then happens to transactions affecting the property being transferred which are made after […]Read More

Insight

A few thoughts on The Law Society Conveyancing Protocol

Introduction It is probably fair to say that most conveyancing transactions in England & Wales these days use the Protocol – ostensibly at least. It is compulsory for those solicitor firms accredited to the Law Society’s Conveyancing Quality Scheme and is often adopted voluntarily by licenced conveyancers and non-CQS firms. However, looking at a couple […]Read More

Insight

Problems with insolvency

Introduction The recent case of Abdulla v Whelan [2017] EWHC 605 (Ch) reminded me of the problems that Conveyancers can have with – and confusions that can be caused by – bankruptcy and particularly when one of two co-owners has become insolvent. We all know, of course, that when an individual becomes insolvent i.e. a […]Read More

Insight

Prescription problems

Introduction Welford v Graham [2017] UKFTT 0058(PC) (Judge Elizabeth Cooke) Wilson v Bowe [2017] UKFTT 0244 (PC) (Judge Jefferis) Two recent cases show how difficult it can be to acquire an easement by prescription. Both these cases involved an application to Land Registry by a landowner to register a claimed right of way by prescription […]Read More

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