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Practicalities of the new 2012 Act and forms Gary Donaldson – Millar & Bryce

Practicalities of the new 2012 Act and forms Gary Donaldson – Millar & Bryce. Background. All transfers of property will induce registration Some deeds will also trigger the registration of the underlying landlords title Voluntary registrations Keeper induced Registration. Other changes.

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Practicalities of the new 2012 Act and forms Gary Donaldson – Millar & Bryce

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  1. Practicalities of the new 2012 Act and forms Gary Donaldson – Millar & Bryce

  2. Background • All transfers of property will induce registration • Some deeds will also trigger the registration of the underlying landlords title • Voluntary registrations • Keeper induced Registration

  3. Other changes • One shot rule • Act creates duty on applicants

  4. New face of Land Registration 1.The Title Sheet 2. The Cadastral Map 3. The Archive Record 4. The Application Record

  5. Searches • Title • Pending Applications • Information from the register of Inhibitions

  6. Legal Report Plans Report Combined Legal and Plans Report

  7. Legal Report Are the subjects in this transaction currently registered in the Land Register? Yes No

  8. Advanced Notices • Registered in the Land Register • Or recorded in the Sasine Register • 35 day protection • Consent needed to lodge an Advanced Notice

  9. Legal Report Advanced Notices Advanced Notice by Andrew Currie and Lesley Norval Currie in favour of James Anderson in respect of Disposition over 21 a Bellevue Road Ayr, recorded 11 August 2014

  10. Legal Report Advanced Notices 11/08/2014 by Andrew Currie and Lesley Norval Currie in favour of James Anderson in respect of Disposition

  11. Plans Reports

  12. Transitional arrangements and Further Help • Forms 10 to 13 vs Legal report • Prior to Dec 8th • Post Dec 8th • Advanced Notices Further Help and Support Available

  13. Title insurance, legal indemnities and the new 2012 Act Kirstin Nee – Millar & Bryce

  14. Millar & Bryce and title / legal indemnity insurance? Millar & Bryce are now providing clients access to title/legal indemnity insurance. We are DUAL Asset Underwritings’ third party distributer in Scotland offering a one stop shop to try and streamline and make the professions life a bit easier. How? • Online system for standard residential risks • Relaxed/experienced/flexible underwriting for more complex residential and commercial matters. • Innovating and developing to try and assist with the pressures and anxieties of the market in which we all work. Topically at the moment this means THE ACT!

  15. What is title / legal indemnity insurance? A no fault policy, indemnifying the insured against actual loss arising from a legal ownership defect . Title/Legal indemnity insurance does not replace the requirement for high quality legal advice, but rather compliments the role of the conveyancer by: • Enabling transactions to complete on time and without large unforeseen costs, • Enables transactions that may not have been able to proceed to proceed, • Removing unnecessary risk, either actual or perceived, and • Providing peace of mind to purchasers and lenders.

  16. History of Title Insurance Legal Origin: • Watson v Muirhead, 1868 • Considered one of the most important court cases in America • Conveyancer not liable for honest mistakes or errors in judgement • Legislature passed an act in 1874 “to provide for the incorporation and regulation of title insurance companies.” • Due Diligence in America? European Evolution: • Land Registry Systems • State Guaranteed Titles • Good Title →Known Risk • Lets look at its evolution in a bit more detail from the late 19th century to the present day

  17. Title Ownership Insurance - Evolution Mid 2000s 1868/1874 Process became non-intrusive. Insurers employed real estate lawyers to underwrite. Pricing also fell as competition developed. Started life in US as all encompassing “title insurance”. Watson vsMuirhead (1868). Followed by Pennsylvanian Legislature allowing for the corporation of title insurance companies. 1980/1990s Present Day In UK, still only Specific Risk cover. High premiums. Intrusive process. Limited demand. U/W process lengthy. Scope and application of Title Insurance vastly increased to cover numerous risks that are not classic title defects rather legal Indemnities.

  18. Examples of Risks – more than just title risks • Portfolio Cover • Judicial Review • Lack/breach of planning permission • Lack/breach of listed building consent • Lack/breach of building regulation consent • Overhang breach • Executor and Inheritance Protection (Missing beneficiaries/Missing wills) • Developments following case law: RBS vs Wilson PMP Plus/Lundin Homes Ltd Sheriff Baird’s recent decision on POAs • The Land Registration etc. (Scotland) Act 2012……………………………………………

  19. The Land Registration etc. (Scotland) Act 2012 – where we are.

  20. Summary

  21. Millar & Bryce and DUAL Asset Underwriting Kirstin Nee Gary Donaldson Millar & Bryce Millar & Bryce Customer Relationship Marketing and Business Development Manager Manager T: 0131 556 1313 T: 0131 556 1313 M: 07887 453 735 M: 07795 832 196 E: kirstin.nee@millar-bryce.com E: gary.donaldson@millar-bryce.com Making your life easier

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