The Private Child Arrangements guide has been enhanced with information about family assistance orders, special guardianship orders, gender identity issues, the court reporting pilot and the Our Family Wizard co-parenting app.

A new article about avoiding disputes after the death of a loved one has been published. Read more...

Two new precedent Deeds of Easement have been made available on the Sale of Land matter plan: a general deed of easement which can be adapted to suit the grant of standard rights between grantor and grantee; and a deed of easement which incorporates mutual obligations for positive covenants to run with land.

An interesting new guide which assists property litigation practitioners has been published. The practical guide contains matter plans, commentaries and precedents for Acting for the Claimant and Acting for the Defendant. The commentary covers the following topics: Nuisance; Trespass; Boundary issues; Breaches of covenant; Ownership disputes; Going to the tribunal – First-tier and Upper Tribunals; Going to court – Part 7 and Part 8 of the Civil Procedure Rules. New precedents include: Retainer instructions; Letter to local authority reporting statutory nuisance; Letter to defendant before action – Private nuisance; Example content – Particulars of claim – Private nuisance; Example content – Defence – Private nuisance; Letter to process server with instructions to serve interim possession order against unknown occupier; Example content – Particulars of claim – Possession after trespass; Example content – Defence and counterclaim – Trespass; Letters following the boundary disputes protocol; Letters to claimant’s solicitor asserting adverse possession claim and discussing next steps; Scaffolding licence; Deed of release of restrictive covenants. The Freehold Property Disputes guide is a comprehensive and practical resource for practitioners who are advising and representing both claimants and defendants in property disputes.

A sharp increase in the number of property raffles over the last few months has prompted the enhancement of the Sale of Land commentary with discussion of the pitfalls and problems surrounding this unusual method of sale. Covering areas such as gambling legislation and advertising standards, practitioners who are approached by clients interested in a seemingly swift sale can now read this practical advice. We invite you to explore this updated publication. Comments and feedback are always welcomed.

With the recent publication of the Law Commission report, clearly moves are afoot in the residential leasehold world to balance out the disparity between the rights of landlords and those of their tenants. Time will only tell what is finally put on the platter for general consumption on that planet. But let us travel deeper into the universe and visit planet ComZog, commonly known on Earth as the commercial leasehold world. Read more...

The By Lawyers Private Child Arrangements guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review took a practical approach to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a private children matter. The commentary covering witnesses has been expanded. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and practitioners.

The By Lawyers Purchase of Land Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a purchase matter to completion. The commentary has been expanded: Undertakings are explained in more detail. The unregistered land section has been improved. Adverse possession claims and procedures are discussed in greater detail. A new section on finance and funding draws together all the financial aspects of the transaction, including mortgages, taxes and help to buy funding. Issues surrounding short term lets, for example Airbnb, are discussed. The section about pre-exchange searches has been expanded. The process by which contracts are exchanged has been amplified, including a worked example of using Formula C. Post-completion tasks are discussed in greater detail. The retainer instructions have been updated. The to do list has been updated. The summary of the conveyancing process has been updated. The matter plan now includes new precedents: New and amended possible enquiries, including a set specifically for new build properties. A letter sending the help to buy ISA declaration to clients, and a link to the declaration itself. An access undertaking for use when buyers would like access to the property between exchange and completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in residential purchase matters.

Relevant commentaries on Capital Gains Tax also include the upcoming changes to Private Residence Relief and Letting Relief. Also remember from April 2020 capital gains tax on the disposal of residential land is payable within 30 days of completion. Private residence relief is available for the years the home was owner occupied plus the last 18 months, even if not occupied by the owner. This 18 month period is reducing to 9 months from April 2020. Where part or all of the property has at some time in the period of ownership been let as residential accommodation letting relief is available. However from April 2020 letting relief will only be available where the owner is also living in the property.

In response to the criticism levelled at the profession for failing to adequately advise buyers of the distinction between freehold and leasehold titles to residential property, By Lawyers have produced a brief appreciation that can be sent to clients with their initial letter. You will find the precedent ‘Enclosure - A short explanation of the important distinction between freehold title and leasehold title’ on the purchase matter plan.

The commentary in the Mortgages guide now includes an analysis of the applicability of regulation of private lending under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and the Consumer Credit Act 1974 and Financial Conduct Authority’s Consumer

By Lawyers is monitoring the increasing emphasis on anti-money laundering in the profession. Read more...

The Nuptial agreements publication was recently reviewed by UK author Robin Charrot of Evolve Family Law with particular focus on law and practice as it currently applies to nuptial and cohabitation agreements in England and Wales. Although there is no indication that legislation is imminent regarding binding Qualifying Nuptial Agreements as envisioned by The Law Commission, By Lawyers continues to maintain a watching brief over all UK legislation to keep users informed and our publications up to date.

The National Police Chief’s Council, has issued new operational guidance for pre-charge bail and release under investigation. The guidance follows changes to pre-charge bail under the Policing and Crime Act 2017 and is in response to concerns in domestic abuse and high harm cases, including sexual offences and offences involving vulnerable people. Read more...

A residential leaseholder's right to manage is under review by the Law Commission. Submissions closed 30 April 2019 and the outcome is now awaited.