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Dealing with inaccurate title deeds seminar

Date: 27th August 2019

Time: 09:00 - 12:45

Location:
Law Society of Scotland
Atria One
144 Morrison Street
Edinburgh
EH3 8EX

This half-day seminar will provide practical examples of inaccuracies in title deeds and their main issues, explore the options available to resolve inaccurate titles and the challenges they present, and discuss recent cases to reflect on issues of compensation.
Training Details


3 hours verifiable CPD

When are title deeds considered to be ‘inaccurate’? And what are the practical and legal aspects that you should keep in mind when dealing with inaccurate title deeds?

The Land Registration etc. (Scotland) Act 2012 contains specific provisions detailing both the notion of ‘inaccuracy’ and the available remedies. And yet, solicitors and their clients are regularly presented with practical issues (from the interpretation of what may or may not constitute inaccuracy, to the existence of the requirements for rectification) that can lead to delays in completing transactions, title challenges and disputes among proprietors.

This seminar is designed to provide you with practical guidance through the main issues arising when transacting with inaccurate title deeds. We will provide practical examples of inaccuracies in titles and their main issues (in both ‘ordinary’ and Keeper induced registrations); explore the options available to resolve inaccurate titles and the challenges they present; and discuss recent cases to reflect on issues of compensation.

By attending this seminar, you will:

  • Get practical guidance on what constitutes 'inaccuracy' in the Land Registration etc. (Scotland) Act 2012
  • Gain expert insight into the main issues arising from Keeper included registrations 
  • Advance your knowledge of the remedies available against inaccuracies and their challenges
  • Learn about how courts have addressed compensation in recent cases. 
  • Rona Macdonald, Senior Associate, Turcan Connell (Chair)
  • Andrew Upton, Partner, Harper Macleod 
  • Frances Rooney, Member, Lexares LLP
  • John King, Principal Consultant, Millar & Bryce
  • 09:00 - 09:30

    Registration and refreshments
  • Speaker
    Rona Macdonald

    Rona is a Senior Associate in the land and property department at Turcan Connell and head of the firm’s Land Registration Unit, which deals with voluntary registrations for individuals, charities, partnerships, trusts and estates.


    Rona is a member of the Land Register Stakeholder Completion Group which was established by Registers of Scotland to allow key stakeholders to input on issues affecting voluntary registration.


    In addition to her specialist knowledge of land registration, Rona has experience of a broad range of rural and residential property matters with a strong background in commercial property.


    Rona qualified as a solicitor in 2001, having completed her LLB (Hons) degree at the University of Aberdeen and Diploma in Legal Practice at the University of Edinburgh.

     

  • 09:40 - 10:20

    'Inaccuracy' and the Land Registration etc. (Scotland) Act 2012

    • Land Register of Scotland: where are we now and what are the main issues?
    • The concept of 'inaccuracy' and its implications 
    • Common scenarios that constitute inaccuracy: practical examples

    Speaker

    Frances Rooney, formerly of Harper Macleod, is the founding member of Lexares LLP.

     

    Frances is well known as one of Scotland’s leading experts on land registration, and for many years has worked closely with Registers of Scotland (RoS), the Law Society of Scotland (LSS), academics and other key stakeholders in shaping law and practice following the overhaul of land and property law under the Land Registration etc (Scotland) Act 2012.

     

    A prolific author and speaker on all matters relating to property law and conveyancing, Frances has produced over 50 publications and talks, most notably authoring the second reissue of the Conveyancing title of the Stair Memorial Encyclopaedia. Other publications include a long running series in the Journal of the Law Society of Scotland co-authored with senior members of staff at RoS to assist the profession with the practical issues of land registration following the 2012 Act’s implementation, and contributions to works such as Millar & Bryce’s Conveyancing manual.

     

    In addition, Frances is a member of the Property Law Committee of the Law Society of Scotland, and also sits on various other committees and working parties including RoS’ public stakeholder group, land registration mapping working party, and digital services registration group; LSS’s common property project; and an LSS/PSG working party creating standardised residential styles for the profession. Previously she was a tutor in the property law course of the Diploma in Legal Practice at Glasgow University.

     

    In recent years Frances has been highly commended under the Rising Star of the Year category at the Legal Awards, and mentioned in Legal 500 as a recommended lawyer, with comments in that publication noting that she is “tenacious” and “always goes the extra mile for her clients”.

     

    Following many years of assisting other solicitors with tricky title problems and land registration issues, Frances founded Lexares LLP in 2018 to focus on providing specific services to the conveyancing profession. Lexares offers pay-as-you-go professional support lawyer service; internal or external training and CPD; property and title issue opinion work; and a land registration assistance service. If you would like any more detail on any of these services please contact Frances on [email protected]

    10:20 - 10:50

    Insight into Keeper Induced Registration title sheets

    • Key issues, potential problems and practical guidance

    Speaker
    John King

    John joined Millar & Bryce in April 2018 and brings more than 30 years of legal, mapping and policy experience from his previous career at Registers of Scotland. John was instrumental in the implementation of the Land Registration etc (Scotland) Act 2012 including the programme of action to complete the Land Register and he led on a number of major changes at RoS, ranging from implementation of the 2012 Act and the launch of the development plan approval service, through to successful delivery of phase 1 of RoS’s digital transformation programme which included both the digital discharge service and ScotLIS.

     

    John has extensive hands-on experience of Voluntary Registration and an in-depth knowledge of how to cost-effectively manage the process of moving a client’s landholdings from Sasine deeds through to registration on the Land Register.

     

    An expert in land registration, John also heads up the Rectification Service within Millar & Bryce and is best placed to advise clients on any title problems or land register issues that may emerge during the preparation of titles for registration.

     

    10:50 - 11:05

    Questions and discussion

  • 11:05 - 11:25

    Refreshments, exhibition and networking
  • 11:25 - 11:55

    Remedies

    • Main procedures and key issues: what you need to keep in mind 
    • Case discussion

    Speaker

    Andrew advises clients across both public and private sectors in relation to all litigious matters. His experience incorporates litigation at Sheriff Court and Court of Session level, principally contractual and property disputes, as well as actions at both the Scottish Land Court and the Lands Tribunal for Scotland.

     

    Andrew regularly represents clients in the Sheriff Courts throughout Scotland, including Commercial Actions, and at the Lands Tribunal for Scotland and Scottish Land Court. Through his experience in complex litigations, Andrew has developed forensic analytical skills, reviewing substantial volumes of documents and preparing reports on relevant facts, legal issues and prospects of success.

     

    He also has experience representing clients in quasi-judicial proceedings, including making written and oral representations to the First-tier Tribunal for Scotland and various disciplinary panels of regulatory bodies.

     

    Andrew sits part-time as a Legal Member of the First-tier Tribunal (Housing and Property Chamber).

    11:55 - 12:25

    Compensation

    • Loss, claims and compensation: practical guidance
    • Key issues in determining the level of compensation 
    • How have courts established value in recent cases?

    Speaker

    Andrew advises clients across both public and private sectors in relation to all litigious matters. His experience incorporates litigation at Sheriff Court and Court of Session level, principally contractual and property disputes, as well as actions at both the Scottish Land Court and the Lands Tribunal for Scotland.

     

    Andrew regularly represents clients in the Sheriff Courts throughout Scotland, including Commercial Actions, and at the Lands Tribunal for Scotland and Scottish Land Court. Through his experience in complex litigations, Andrew has developed forensic analytical skills, reviewing substantial volumes of documents and preparing reports on relevant facts, legal issues and prospects of success.

     

    He also has experience representing clients in quasi-judicial proceedings, including making written and oral representations to the First-tier Tribunal for Scotland and various disciplinary panels of regulatory bodies.

     

    Andrew sits part-time as a Legal Member of the First-tier Tribunal (Housing and Property Chamber).

    12:25 - 12:40

    Questions and discussion

  • Speaker
    Rona Macdonald

    Rona is a Senior Associate in the land and property department at Turcan Connell and head of the firm’s Land Registration Unit, which deals with voluntary registrations for individuals, charities, partnerships, trusts and estates.


    Rona is a member of the Land Register Stakeholder Completion Group which was established by Registers of Scotland to allow key stakeholders to input on issues affecting voluntary registration.


    In addition to her specialist knowledge of land registration, Rona has experience of a broad range of rural and residential property matters with a strong background in commercial property.


    Rona qualified as a solicitor in 2001, having completed her LLB (Hons) degree at the University of Aberdeen and Diploma in Legal Practice at the University of Edinburgh.

     

Prices

prices exclude VAT

Member:
£129.14
 
New member:
£116.67
 
Accredited Paralegal:
£116.67
 
Trainee:
£116.67
 
Unemployed member:
£104.17
 
Non-member:
£141.67
 

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