The Property information form TA6 has been updated. The changes are in relation to Japanese knotweed, flood risk, radon and septic tanks.

In order to further enhance communications between practitioners and their clients we have added to the initial letter an informative summary of the conveyancing process. This easy to follow chart is a step by step explanation of the process from the point of view of both the seller and the buyer. The matter plan provides letters for each step of the process, informing the client, the agent and other interested parties that the transaction has advanced to that stage.

A precedent Reservation Agreement has been added to the sale and purchase of land guides. The agreement is designed to bind the parties to an agreed pre-exchange time frame in which the seller will not deal with third parties, and the buyer will either exchange the offered contract or withdraw on discovery of serious adverse affectations through the usual investigations, searches and enquiries. By this means the parties are able, immediately following agreement and issue of the contract, to be confident that the transaction will proceed in the absence of unforeseen and unexpected circumstances.

Additions to the Sale and Purchase of Land commentaries have analysed the law and practice in relation to boundaries to assist practitioners who are called upon to prepare boundary agreements or to seek the determination of a boundary. Read more...

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

As a result of user feedback, the sale and purchase commentaries now include an appreciation of adverse possession of registered land.

According to the Solicitors Regulation Authority (SRA) almost one quarter of firms do not adequately explain leasehold tenure and the associated issues. Accordingly, By Lawyers have reviewed the precedent Report on title – Leasehold in an effort to provide clients with a much clearer understanding of the implications of purchasing a leasehold estate. Plain language communications, particularly with clients, is a primary focus for By Lawyers.

Japanese knotweed has been highly problematic for sellers, buyers and lenders for many years. Its invasion can affect not only the structure of a property but also its value. Thanks to the success of specialist treatments and the availability of indemnity insurance fewer purchasers are withdrawing from sales due to its presence, and the reduction in purchase price sought has significantly reduced. It is believed that Japanese knotweed will be under control by 2040.

A co-ownership deed has been added to the Purchase of Land guide, setting out the arrangements between tenants in common. Read more...

The Domestic Violence Orders publication has been expanded to include additional information about Legal Aid funding, some new precedent letters, and ready access to the Legal Aid Agency forms. Read more...

By Lawyers has published a new publication: Trusts. With a comprehensive commentary and precedents, the Trusts publication deals with establishing a new trust, amending an existing trust, and bringing a trust to an end through vesting or termination. Read more...

The Court of Appeal ruled that Kristie Higgs' dismissal from Farmor's School for critical Facebook posts on LGBTQ+ lessons was unlawfully discriminatory and disproportionate.

The By Lawyers Criminal Offences App has been updated to reflect new sentencing guidelines for blackmail, kidnap, and false imprisonment, and for those convicted of offences involving taking vehicles without the owner’s consent.

The decision that confirmed courts cannot disregard unchallenged expert evidence unless there are valid and clearly articulated reasons. Read more...

The Individual Insolvency guide is now live. The guide provides commentary to take a practitioner through the practical steps involved in advising on individual debt alternatives, including debt respite schemes, individual voluntary arrangements and bankruptcy. Read more...