By Michael Harwood
This booklet is aimed toward LPC scholars, scholars learning conveyancing as a part of ILEX classes and people desiring to turn into authorized conveyancers. The booklet covers the particular drafting of conveyancing letters and records; imaginary interviews; appropriate expert behavior; monetary and tax elements of conveyancing. It offers intensive with either registered and unregistered conveyancing. This version is predicated at the most up-to-date (3rd variation) of the "Standard stipulations of Sale and Transaction Protocol".
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Extra info for Conveyancing Law & Practice
Sam may be contributing the bulk of the difference between the mortgage loan and the purchase price; it may be the intention that he will be paying the mortgage instalments. One might expect this to be reflected in him having the bulk of the equitable interest. They may in fact have agreed to hold as beneficial joint tenants. It is not for a solicitor to tell her client not to make a gift to another; though it is her duty to advise of the implications, and if necessary to advise her to obtain independent legal advice.
As noted above, if A participates in a mortgage as a result of the fraud, undue influence or misrepresentation (ie a vitiating factor) of B, A will have an equitable right to avoid the transaction as against B. The lender, in turn, will not be able to enforce the mortgage against A if B was acting as its agent or it has actual or constructive notice of this equity. Where the lender knows that A and B are married, co-habitees or otherwise in a relationship of trust and the transaction advantages B at the expense of A, the lender will be fixed with constructive notice unless it shows that it took reasonable steps to ensure that A’s participation was properly obtained.
The scope of implied authority depends on the circumstances of each case; (b) authority arising by operation of law; that is authority which has not actually been authorised. This may be: (i) apparent authority. This exists where there has been a representation of authority made by the principal to the third party with whom the agent has purported to act on behalf of the principal; 16 Cordery, p76. 19 CONVEYANCING LAW AND PRACTICE ii) usual authority. This term is sometimes used to mean implied or apparent authority.
Conveyancing Law & Practice by Michael Harwood