Residential Conveyancing

Residential Conveyancing

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Conveyancing is also available as a single unit certifcate from our Higher Certificate in Paralegal Studies qualification. The Higher Certificate is for legal staff with no formal training and students new to paralegal work.

Syllabus

Land Law

General, Definition of Land Estates, Tenures, Interests, Effect of 1925 Legislation

Freehold land, Definition of freehold estate, Legal and equitable freeholds, The rights of a freeholder today

Leasehold Land, Definition: What is a lease, Types of leases, CreationCovenants, Lessor, Lessee, Rights and duties (transfer of), Determination, Licences

Easements and Profits, Definitions, Legal-v- Equitable, Acquisition, Infringement, Determination, Other rights over land

Covenants in Freehold Land, Definition, The running of Common law & Statute, Discharge & modification

Adverse Possession, Rules & issues

Third Party Interests, Unregistered Title, Land Charges Register, Overreaching, Doctrine of Notice, Registered Title, Overriding interests, Minor Interest

Trusts, Strict Settlement , Definition, Mechanics, Trust for Sale ,Creation, Co-Ownership, Constructive, Resulting, Implied, Protection for Buyers

Mortgages, Types, Rights and Remedies, Lender, Borrower, Discharge, Priority, Rent charges

Land Registration, The Register, Interests in registered land, Title Interests, Mechanics, Rectification of Register

Conveyancing

General, Defining conveyancing, Registered land -v- Unregistered land, Linked transactions, The National Protocol, Relevance of Planning Permission, Acting for more than one party, Contract race, Confidentiality, Undertakings

The First Interview, Taking Instructions, Capital Gains Tax, Financing, Co-Ownership, Fixtures and Fittings, Confirming instructions

Pre-exchange Of Contracts, Searches and Enquiries, Local Land Charges, Local Authority

Enquiries, Land Charges, Company Search, Index Map, Mining, Commons, Registration ,Notice, Inspection, The draft contract preparation of conditional sales of part, new properties, approving, title guarantees, standard conditions, special conditions

Deducing Title, Registered land, The Land Register, Office Copy Entries, Unregistered Land, Abstract of Title, Epitome of Title

Investigating Title, Registered land, Unregistered land, Root of title, Trusts for Sale, Settlements, Co-Ownership, Mortgagees, Attorneys, Discharged Mortgages, Voluntary dispositions, Failure to Register title, Stamp duty, Execution of documents: Defective title

Mortgage Offers

Deposits

Exchange Of Contracts: Signing of contracts, Proprietary Estoppel Practice, Authority, Methods, Effect, "Subject to contract", Insurance, Formulas for exchange, Registration of contract, Subsequent death or bankruptcy of a party, Taking possession

Pre completion Steps, Completion date, Requisitions on title, Failure to answer Requisitions, The purchase deed, Form and drafting, Approval, Plans, Transfer of whole, Transfer of Part, Conveyance, Assent, Searches, Land Registry, Land Charges Bankruptcy, Company

Inspection

Mortgage: Preparation of, Reporting on Title, Obtaining funds

Preparing for completion: Checklists, Apportionments, Completion Statement,Statement to client, obtaining funds

Completion: Date, time & place, Method, Synchronisation, Delay, Interest, Breach of contract, Notice to complete, Rescission

Post Completion: Reporting to client, Undertakings, Stamping of Documents, Registration of title, Registration of dealings

General: Misrepresentation, Misdescription, Specific Performance

Leaseholds: The Grant of a Lease, Taking instructions, Drafting Lease, Underlease, Preparing pre-contract package, Acting for Lessee, Acting for Lessor, Requirements, Assignment, Difference between sale of freehold & leasehold,Landlords' consent, Special matters relating to flats.

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements

One of the following:

Level 4 Diploma in Paralegals Studies

Level 7 Post Graduate Diploma in Paralegal Practice

Law Degree

ILEX Level 6

Other Equivalent (please specify)