Objectives
By the conclusion of the specified learning and development activities, delegates will be able to:
Distinguish between a basic survey and a full structural survey;
Determine when a full structural survey is necessary;
Argue on the cost effectiveness of a structural survey;
Detail the factors that should be considered when conducting a commercial property valuation;
Relate the pertinent factors in private property valuation;
Accurately conduct an on-the spot commercial property valuation, taking pertinent factors into account;
Conduct a property valuation of a private property, with at least 80% accuracy;
Incorporate the notion of ‘market value’ in property valuation;
Uncover likely deceptive issues that influence property valuation;
Take a scientific approach to property inspection;
Provide an objective view of the result of a property inspection;
Take a holistic approach to property marketing;
Develop a general strategy towards property marketing;
Devise tactics for marketing specific properties;
Demonstrate their understanding of how a local Property Registry operates;
Demonstrate their understanding of function of the National Land Information Service;
Obtain and evaluate documents from ‘Land Register Online’;
Demonstrate a knowledge of Conveyancing in at least one other country;
Demonstrate their knowledge of the property regulation of at least one Borough;
Compare property registration in the UK with that of at least one other country;
Demonstrate their understanding of merits and demerits of Freehold properties, on the one hand, and leasehold on the other;
Develop a strategy to manage the relationship between themselves and the vendor, on the one hand, and themselves and the purchaser, on the other;
Demonstrate an awareness of International Electronic Conveyancing (E-Conveyancing) Initiatives;
Produce a Completion Statement for the Buyer;
Construct a Completion Statement for the Seller;
Exhibit an appreciation of the need for a professional and caring relationship between the Conveyancer and his or her client, throughout the Conveyancing process;
Provide a non-technical explanation of pertinent clauses in Deeds and Covenants;
Draw on cases of Deeds default and their resultant consequences;
Outline the merits and demerits of Freehold and Leasehold property ownerships;
Explain the requirements of HIPS, outlining their values and drawbacks;
Demonstrate a heightened understanding of Property ‘Charges’ and the legal bases of their registration;
Draft a legally binding Conveyancing contract;
Explain the entrenched practice regarding ‘fixtures and fittings’ or chattel, in residential property sale;
Provide relevant guidance to buyers and sellers, on Property Auctions;
Demonstrate a working knowledge of the function and operation of a National Property Registry;
Suggest whether the Scottish ‘Blind-Bidding System’ averts the practise of Gazumping.
Course description
Property Law: Conveyancing and Property Valuation, Postgraduate Short Course, Leading to Diploma - Postgraduate - in Property Law: Conveyancing and Property Valuation, Quad-Credit, 120 Credit-Hours, accumulating to a Postgraduate Certificate, with 60 additional Credit-Hours, and a Postgraduate Diploma, with 240 additional Credit-Hours.
Course Contents include:
# Conveyancing
#PropertyLaw
#PropertyValuation
#TitleDeeds
#TitlePlan
#LeaseholdProperty
#GroundRent
#LandRegistry
#MineralRights
#FreeholdProperty
#TitleRegister
#TitleAbstract
#TitleRegister
#TitleNumber
#PropertyOwnership
#Easement
#RightofWay
#MapSearch
#DesktopValuation
#CurbsideValuation
#StructuralSurvey
#PlanningRules
#ChargesRegister
#PositiveCovenants
#RestrictiveCovenants
#LegalCharges
#EquitableCharges
#Rentcharges
#AbsoluteTitle
#QualifiedTitle
#PossessoryTitle
#PropertyTenure
#VendorIdentification
#SaleContract
#LabourerLien
#RightofWay
#RightofLight
#RightofSupport
#DominantEasements
#FishingRight
#ShootingRight
#OpenEvening
#PropertyAuction
Other Content Elements incorporate:
Part 1 - Contextual Issues in Property Conveyancing: Surface Rights, Mineral Rights and Fee Interest
Exploring the Context of Conveyancing;
The Conveyancing Process as a Legal Transfer of Ownership;
Title Register,
Title Abstract
Title Deed;
Title Searcher;
Title Abstractors;
Surface Rights;
Mineral Rights;
Fee Interests;
Copyhold Land
UK Mineral Rights Ownership;
Crown Ownership of Minerals,
Manorial Rights;
Church Commissioners and the Crown;
Mines Royal;
UK’s Coal, Petroleum, Silver and Gold;
Crown Estate Mineral Agent.
Part 2: Living Accommodation: Their Types, Tenure and Ownership
Types of Living Accommodation
Flats;
Apartments;
Condominium;
Maisonettes;
Terraced House;
Semi-detached House;
Detached House;
Bungalow House.
Difference Between an Apartment, Flat and Condominium (Condo)
Flats, Apartments and Maisonettes
Flat;
Apartment
Maisonette
Leasehold and Freehold Properties: A Generalised Distinction
Leasehold Properties: Restrictions and Charges
Service Charges;
Ground Rent;
Building Insurance;
Reserve or Sinking Funds.
Types of Freehold Properties
Terraced House;
Semi-detached House;
Detached House;
Bungalow House.
Types of Leasehold Properties
Flat or Apartment;
Marionette;
Terraced House;
Semi-detached House;
Detached House;
Bungalow House.
Leasehold Properties: Their Creation and Implications
Lifespan of Leasehold and Freehold Properties
The Commonhold and Leasehold Reform Act 2002
Managing Joint Leasehold Properties;
Managing Without Fault-Finding;
Disadvantages of Freehold and Leasehold
Part 3: The UK Land Registry
The Role of Her Majesty’s (HM) Land Registry
Advice, Support and Consultancy
Study Visits
Training
Business Partnerships
Membership of International Land Bodies
Part 4: Land Registry’s Online Search Facility and Cost
The Title Register;
Title Summary of Freehold and Leasehold Properties;
Title Plan;
Flood-Risk Indicator;
Map Search.
Flood-Risk Indicator;
The Title Register:
The Title Number;
The name of the Property Owner;
The Recorded Purchase Price of the property. In some cases, this information is unavailable;
Any Rights of Way;
Whether there is a current mortgage on it or one that has been discharged.
Title Summary of Freehold and Leasehold Properties
The Title Number;
Owner’s Name;
Purchase Price;
Property Tenure: Leasehold or Freehold;
The Name of the Mortgagee, if any;
Title Plan
Flood-Risk Indicator
MapSearch Facility
Land Registry Fees
Title Plan
The Property’s Location
Its Main Boundaries;
Communal Areas or Shared Facilities;
Right of Ways.
MapSearch Facility
Alleyways;
Building Plots and Infill Sites;
Dilapidated or Vacant Buildings;
Fields;
Grass Verges;
Historic Buildings, e.g. Castles and Churches;
Lakes, Streams and Other Waterways;
Lanes;
Old Buildings That No Longer Have A Postcode;
Private Roads;
Ruins;
Village Greens;
Walkways;
Waste Sites;
Woodlands and Moorland;
Whether land and property in England and Wales is registered;
The location of registered land and property;
The title numbers;
Details of freehold or leasehold tenure; and
Other registered interests.
Land Registry Fees
Part 5: Property Valuation For Professional Valuers, Mortgagees, Estate Agents and Investors (1)
The Political, Economic, Social, Technological, Ecological and Legal (PESTEL) Factors: Their Effect of Property Valuation
Political Context:
Bilateral Trade Agreements;
Multilateral Agreements;
Employment Tribunal Rulings;
Wage Regulations;
Equality and anti-discriminatory Act;
Disability Rights Act;
Equal Opportunity Act;
Sex Discrimination Act;
Sex Discrimination or Related Act;
Gender Reassignment or Similar Act;
Other Employment Related Acts.
Economic Context:
Economic Exposure;
Transaction Exposure;
Translation Exposure;
Rulings by Regulatory Authorities;
Investment Boards;
Competition Commission;
Trading Regulation;
Foreign Exchange;
Interest Rates;
Availability of Funding.
Social Context:
General Social Context;
Urban-Suburban Preference;
Social Mobility;
Geographic Mobility;
Skills Levels;
Demographic Factors;
Age Range of Population;
Gender Mix of Population;
Ethnic Mix;
Vogue;
Behavioural Patterns;
Changing Expectations;
FADS; and
Social/Ecological Sensitivity.
Part 6: Property Valuation For Professional Valuers, Mortgagees, Estate Agents and Investors (2)
Technological Context:
E-Commerce its impact on Client/ Customer Relationship Management (CRM);
Development and use of technology;
Affordability of technology;
Web-based recruitment;
E-Selection;
Web-based selection;
Video-conferencing;
Web-conferencing.
Ecological Context:
Biodiversity of Ecosystems and their Protection,
Client/ Customer Concern for Relevant Ecological Issues;
Climatic Shifts impeding normal operation;
Degradation, Deforestation and Depletion of Fisheries and other Natural Resources,
Demand for Corporate Social Investment;
Ecological Legislation;
Ecosystem Services used In Business Processes;
Emission Standards and Requirements;
Environmental Sustainability Concerns;
Flooding, Storms, and Other Natural Disasters Caused by Natural and Human Influences on Ecosystems;
Government Policy towards Environmental Issues;
Local Waste Regulation;
Material scarcity, resultant to Ecological Issues;
Mineral (Oil, Gas, Gold, etc.) Deposits;
Natural Environmental Constraints;
Quantity of Renewable Resources;
Recycling regulation;
Strategy Implementation vs Ethical Concerns;
Water and Air Pollution and their effect on a company’s operation;
Water Quality needed for normal operation.
Legal Context:
Competition Rules;
Integration Rules;
Employment Law;
Indigenisation Rules;
Trading Rules;
Import and Export Laws;
Bilateral Trade Agreements;
Multilateral Agreements
Employment Tribunal Rulings
Wage Regulations;
Equality and Anti-Discriminatory Acts – e.g.
Disability Rights Act
Equal opportunity Act
Sex Discrimination Act
Sex Discrimination Reassignment;
Other Employment Related Acts.
Part 7: Professionalising Property Valuation
Property Value Over Time
Executing The Valuation Process
Market Appraisal;
Formal Valuation
Desktop Valuation;
Curbside Valuation; and
Full Formal Valuation.
Conducting a Full Formal Property Valuation
Aesthetic Appeal;
Cosmetic View;
Decor;
Disrepair Issues;
Energy Efficiency;
Energy Supply;
Fixtures and Fittings;
Its age
Its location;
Number of Rooms;
Out-buildings;
Room Layout;
Overall Size;
Room Sizes;
Storage Space;
Structural Defects;
Structural Improvements;
The period since it was last sold;
The price at which it was last sold or purchased;
The price of similar properties in the locality.
Local Factors Affecting Prices of Specific Properties
Its degree of affordability
Its location:
Global Region;
Country;
County or Province;
City or State;
Its Developmental Potential, in relation to:
Planning Rules;
Current Planning Permission;
Available Space;
Heritage or national and International Listing Status;
Covenants.
Property Location and Valuation;
Developmental Potential and Property Valuation;
Planning Permission and Property Valuation
Property Valuation and Equity;
Political Factors and Property Valuation
Economic Factors and Property Valuation
Part 8: Property Surveys: Their Types and Importance
Why Surveys?
Types of Survey and Their Imperative;
Basic Valuation Survey;
Home Buyer’s Valuation and Survey Report;
Full Structural Survey;
In-Complex and Attached Property Survey;
The Former Home Information Packs (HIPs);
Energy Performance Certificates.
Property Law: Conveyancing and Property Valuation
Module 2
Property Conveyancing In Essence: Property Titles, Rentcharges, Ground Rent, E-Conveyancing, Property Classification and Sale
Course Contents, Concepts and Issues
Part 9: Title Registers: The Property Register, Proprietorship, and Charges Register
Title Register:
Edition Date
When the property is sold;
When a mortgage (legal charge) is registered on It;
When a mortgage is redeemed;
When an equitable charge is placed on it;
When an equitable charge is removed; or
When a restriction or notice is added.
Date and Time of Official Copy
Land Registry Office Which Deals with The Title
The Property Register
Right of Way Over Adjoining Land
A Right of Light Easement
Right of Access Easement
Right of Support Easement
Proprietorship Register
The Charges Register:
Positive Covenants
Restrictive Covenants
Legal Charges
Equitable Charges
Part 10: Rentcharges, Ground Rent and Park Rent in England and Wales
Rentcharges or Chief Rents;
Rent owners;
The Inception of Rentcharges;
Rentcharges and the Charge Register;
Provisions of the Rentcharges Act 1977;
Problems with Rentcharges;
Individual and Several Liability for Rentcharges;
Informal Apportioning of Rentcharges;
Application for Apportionment of a Rentcharge;
Order of Apportionment of a Rentcharge;
Redemption of Rentcharges;
Redemption of Rentcharges for Freehold but not Leasehold Properties;
Application for the Redemption of Rentcharges;
Towards the End of Recharges? The Rentcharges Act 1977;
Extinguishment Pre-existing Rentcharges;
Prohibition of the Creation of New Rentcharges;
Exemption to the Provisions of the Rentcharges Act 1977;
Ground Rent for Leasehold Properties;
Peppercorn Rent as Ground Rent;
Ground Rent Notice;
Statute of Limitation Relevant to Ground Rent;
Ground Rent Default: Forfeiture Action;
Apportionment of Ground Rent;
Application for Apportionment of Ground a Rent;
Park Rent for Mobile or Park Homes;
Park Rent for Trailer Homes;
Protection Afforded by the (UK) Mobile Homes Act 2013.
Part 11: Title Classifications and Their Implications
Classes of Title
Absolute Title;
Qualified Title,
Possessory Title; and
Good Leasehold Title.
Implications of Absolute Title
Implications of Qualified Title
Significance of Possessory Title
Importance of Land Registration Act 2002
The Concept of Squatters’ Right;
Abolition of ‘trust’ by the Land Registration Act 2002;
Registering Possessory Title to Registered Property
Registering Possessory Title to Unregistered Property
Objection to Possessory Title Application;
Contesting Possessory Title Application;
The Place of Good Leasehold Title
Part 12: Property Conveyancing In Essence (1)
Conveyancing as A ‘Process’
Pre-contract Stage;
Sale Contract Stage;
Post-Contract or Pre-Closing Stage;
Closing or Completion Stage;
Post-Closing or Post-Completion Stage.
Conveyancing for the Vendor
Pre-Contract Stage (Vendor)
Formalizing Instruction or Authorisation, From the Vendor, For the Sale of The Property;
Agreeing Conveyancing Cost, Taking Deposit, Where Appropriate;
Formally Identifying the Vendor
Investigating the Property: Ownership, Right of Sale, etc.
Contacting any legitimate ‘Interests’ in the Property.
Obtaining A Copy of The Property Title and Deed;
Determining the Property’s Sale Price;
Agreeing on The Items Included in The Price of The Property, or As Options (At Additional Costs).
Investigating the Potential Purchaser.
The Purchaser’s Identity
The Purchaser’s Finance
Deposit in Hand;
Equity from Sale or Anticipated Sale of Own Property;
Loan or Mortgage Amount;
Status of Mortgage Application;
Name of Lending Institution;
Lending Institution’s Branch Address;
Bridging Loan, if Any;
Supportive Evidence.
Addressing Enquiries Raised by The Purchaser’s Conveyancer.
Establishing a Completion Date.
Sale Contract Stage (Vendor)
Post-Contract or Pre-Closing Stage (Vendor)
Closing or Completion Stage (Vendor)
Post-Closing or Post-Completion (Vendor)
Completion Statement
Property Sale Price
Cost of Chattels
Mortgage Redemption Payment to Bank/ Building Society
Bank Charge
Estate Agents\' Commission
Land Registry - Deeds
Conveyancer\'s Fee
VAT on Conveyancer\'s Fee (@20%
Amount Owing to Vendor, on Completion
Part 13: Property Conveyancing In Essence (2)
Conveyancing for the Purchaser
Pre-contract Stage;
Sale Contract Stage;
Post-Contract or Pre-Closing Stage;
Closing or Completion Stage;
Post-Closing or Post-Completion Stage.
Pre-Contract Stage (Purchaser)
Formalizing Instruction or Authorisation, From the Purchaser, For the Purchase of The Property;
Formally Identifying the Purchaser;
Drafting Conveyancing Contract - Taking Deposit, Where Appropriate;
Investigating the Property: Ownership and Title;
Verifying Property Tenure;
Preparing Pre- Contract Property Questionnaire for The Vendor
Recommending and Commissioning Property Survey;
Providing Guidance to Multiple Purchasers on Ownership Type;
Conducting Local and National Searches;
Guiding the Purchaser Through Property Inventory;
Establishing a Completion Date.
Reviewing Draft Sale Contract (Purchaser)
Formalizing Instruction or Authorisation, From the Purchaser, For the Purchase of The Property
Formally Identifying the Purchaser
Drafting Conveyancing Contract - Taking Deposit, Where Appropriate
Investigating the Property: Ownership and Title
Part 14: Property Conveyancing In Essence (3)
Investigating the Property Title.
Absolute Title;
Qualified Title,
Possessory Title; and
Good Leasehold Title.
The Header;
The Property Register;
The Proprietorship Register; and
The Charges Register.
A mechanic\'s lien.
A lender\'s mortgage lien.
A lien for unpaid property taxes or common charges.
Construction lien.
Materialman\'s lien.
Supplier\'s lien.
Labourer’s lien.
Verifying Property Tenure
Preparing Pre- Contract Property Questionnaire for The Vendor
Before arriving at the contract stage, it is necessary for the purchaser to have a full picture of his or her potential
Property Boundaries and Fences
Owner of Boundary to the front;
Owner of Boundary to the left;
Owner of Boundary to the right;
Owner of Boundary to the rear;
Known Boundary changes;
Boundary removal, through sale or otherwise.
Driveways or Walkways to The Property
Existence of Driveway;
Individual Ownership;
Shared Ownership.
Available Services
Drainage;
Water;
Electricity;
Telephone;
Mains Gas.
Servient Easements
Right of Way;
Right of Light;
Footpath Services;
Right of Support;
Car Parking.
Dominant Easements
Right of Way;
Right of Light;
Footpath Services;
Right of Support;
Car Parking.
Part 15: Property Conveyancing In Essence (4)
Servient Profits a Prendre
Fishing Right;
Shooting Right;
Turf Right.
Dominant Profits a Prendre
Fishing Right;
Shooting Right;
Turf Right.
Amount of Property Outgoings
Annual Ground Rent;
Annual Community Charge;
Rating Band;
Annual Water Rates;
Annual Service Charge;
Annual Insurance Cost.
Property-Related Legal Notices
Served on Property Owner;
Served by Property Owner;
Previous or current Individual Voluntary Arrangements (IVA);
County Court Judgment for Property.
Property Liability or Interests
Any outstanding Mortgage;
Other Charges on Title;
Current Litigation;
Previous Litigation;
Pending Litigation;
Repayable Grants.
Vacant Possession
Sitting Tenants;
Post 16 Family Members Residing in Property.
Utilities and Certificates
Energy Performance Certificates;
Energy Rating;
Electricity meter Type;
Gas Meter Type.
Home Insurance
Type of Policy;
Contents Cover;
Name of Insurer;
Expiration of Policy.
Recommending and Commissioning Property Survey
Providing Guidance to Multiple Purchasers on Ownership Type
Conducting Local and National Searches
On-Property Problems;
Local and National Plans for Development;
Local Planning Rules
Flood Risk
On-Property Problems
Mining shafts;
water wells;
Sinkholes;
Risk of subsidence.
Local and National Plans for Development
Flood Risk
Guiding the Purchaser Through Property Inventory
Establishing a Completion Date.
Reviewing Draft Sale Contract (Purchaser)
Contract Stage (Purchaser)
Post-Contract or Pre-Closing Stage (Purchaser)
Transfer Deed (Form TR1) from the vendor’s Conveyancer;
Stamp Duty Land Tax Certificate
Form AP1 or form FR1
Certificate of identity (for unregistered conveyancers)
Closing or Completion Stage (Purchaser)
Post-Closing or Post-Completion (Purchaser)
Completion Statement for The Purchaser
Part 16: UK Property Marketing and Sale
Estate Agents Property Marketing, Sale and Legal Obligation;
The ‘Estate Agent – Vendor – Purchaser’ Relationship;
Personal Property Marketing and Sale;
Timescale From An Offer To Closure;
The Former Home Information Packs (HIPs) and Current Energy Performance Certificates (EPCs);
Conventional Property Sale;
The Scottish Bidding Process;
Open Evening;
Public Property Auctions;
Vacant Property Sale;
Gazumping;
Gazundering;
Flipping homes
Part 17: UK Commercial Properties: Their Taxes, Classifications Implications for Business Operators
UK Business Rates;
Capital Gains Tax;
Class A1. Shops;
Class A2. Financial and Professional Services;
Class A3. Food and Drink;
Class B1. Business;
Class B2. General Industrial;
Class B3. Special Industrial Group A;
Class B4. Special Industrial Group B;
Class B5. Special Industrial Group C;
Class B6. Special Industrial Group D;
Class B7. Special Industrial Group E;
Class B8. Storage or Distribution;
Class C1. Hotels and Hostels;
Class C2. Residential Institutions;
Class C3. Dwelling-houses;
Class D1. Non-Residential Institutions;
Class D2. Assembly and Leisure.
Part 18: International Electronic Conveyancing (E-Conveyancing)
The Birth of International Electronic Conveyancing;
E-Conveyancing in England and Wales;
Provisions of the Land Registration Act 2002;
Registration of:
An Estate in Land;
A Rentcharge;
A Franchise;
A Profit a Prendre In Gross;
Other Interests in Title.
UK’s Electronic Document Registration Service (EDRS);
Land Registry eDocument Registration Service Introduction;
Guidance on Getting Identification Verified for Land Registry using form ID1;
How to Avoid Land Registry Requisition Errors in Lodging Applications Electronically;
InfoTrack;
Updating the Land Registration Act 2002;
Digital Registers;
Introducing GOV.UK Verify;
E-Conveyancing in Canada;
Ontario Electronic Land R
