Access rights under the Land Reform (Scotland) Act 2003
It is now becoming recognised that Access Rights under the Land Reform (S) Act 2003 can have a major impact on Scottish Conveyancing transactions, suburban as well as rural. This talk will explain the law, the recent cases and the steps which should be taken by prudent Scottish conveyancers.
Professor Kenneth C Ross, Loch Lomond and the Trossachs National Park Authority
Tenement Management Schemes
This session will look at the Tenement Management Scheme, its interaction with title deeds and also some difficulties with its operation. Using case studies and practical situations, repairs and improvements, management, rights to take access and voting will all be considered.
Professor Roddy Paisley, University of Aberdeen
Unlocking General Register of Sasines data
Fiona will update delegates on RoS’ innovative new approach to make data in the General Register of Sasines more accessible. Join us to find out more about how this will work in practice and the benefits it can bring.
Fiona McKie, Head of Land Register Completion, Registers of Scotland
Negligence claims – staying aware and learning from the mistakes of others
Donald Reid will take an up to date look at areas of conveyancing practice which are prone to oversights and negligence claims, drawing from his extensive experience of providing expert reports on such cases. He will refer to the distinct approaches adopted by pursuing agents and agents for the defending indemnity insurers. Delegates will gain a more acute awareness of danger areas and benefit by learning from the mistakes of others rather than their own.
Donald Reid, Mitchells Roberton
Competitions in title
A competition with an already registered title in the Land Register means instant rejection. This session in the conference looks at how to recognise a competition, whether a competition really exists and what to do to resolve the situation. Delegates will be confident they won't fall into the trap of having an application rejected after they attend.
Valerie Clough, First Scottish
Current tax issues for property lawyers
In recent years, the amount of tax knowledge which clients expect their conveyancers to have at their fingertips has increased drastically. However, as such taxes become more complicated and onerous, many practitioners are understandably reluctant to get involved in this area. Unfortunately, this can leave one open to some of the pitfalls awaiting the unwary. In this presentation, Alasdair will look at three of the areas which can often cause the most difficulty and concern. This will include the complex area of Land and Buildings Transaction Tax (LBTT) regime and the Additional Dwelling Supplement (ADS) – both of which can be a minefield to navigate. Alasdair will also look at the capital gains tax 30-day reporting requirements, which recently marked a substantial departure from how house sales were reported to the Revenue. Finally, the often forgotten Annual Tax on Enveloped Dwellings (ATED) will be covered, detailing how to ensure one’s corporate clients can remain on the correct side of HMRC.
Alasdair Johnstone, Anderson Strathern
Path of lease resistance – resolving lease disputes
The pandemic has (as always seems to be the case in times of financial uncertainty) resulted in a spike in disputes between landlords and tenants. The first half of this session will focus on the remedies available to commercial landlords and how the emergency public health protection measures have impacted on the availability and attractiveness of those remedies. The second half of the session will shift focus to residential lettings in the private rented sector, with an overview of the changes made to the eviction process during the pandemic and consideration of important cases coming out of the First-tier Tribunal for Scotland (Housing and Property Chamber), Upper Tribunal and Inner House.
Andrew Upton, Harper Macleod
Coping with complaints
Susan Williams will share some insight from the SLCC on the most common causes of complaints about conveyancing work, explore how this might have changed when home-working, and suggest some practical tips to help you recognise and deal better with the risk of complaints.
Susan Williams, Scottish Legal Complaints Commission
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