DescriptionFor the twenty-fourth successive year, Professor Kenneth Reid and Professor George Gretton will be giving a comprehensive and indispensable review of the cases and statutory developments during the past 12 months which affect conveyancing law and practice. In 2014 the Court of Session, overcoming previous doubts, decided that a real right of lease in respect of a unit in a shopping centre could competently extend to a pro indiviso share in the common areas. Other decisions on leases considered matters such as the construction of break clauses, payments in respect of dilapidations, and the withholding of consent for a sublease. In one case considered by the Court of Session, a wife had been induced to sign a standard security over the matrimonial home by the blandishments of her husband. There was further authority on how to describe common parts in housing developments.Other cases covered topics such as delay in settlement, the constitution of servitude rights of way by prescription, the operation of survivorship clauses and the means by which they can be evacuated, judicial rectification, and fraud by impersonation, and there was also the usual crop of decisions by the Lands Tribunal on the variation and discharge of title conditions. Professional negligence claims against solicitors covered matters such as errors in a rent-review clause, the absence of a suitable means of access, and the mistaken discharge of a standard security. Among the legislative developments were a new Housing Act, and the coming into force of amendments to the Requirements of Writing (Scotland) Act 1995 which allow electronic deeds, including missives. Finally, 2014 was the year in which the Land Registration etc (Scotland) Act 2012 came fully into force. As, however, this Act is the subject of a special seminar in November 2014, it will not be covered in the annual review, except in respect of any changes and updates. These and other developments in the law will be discussed and evaluated during the seminar. There will be an opportunity for questions. A substantial set of materials will give the full text of the talks, and will also list and summarise all cases and statutory material from 2014. As in previous years, each delegate will receive a copy of the revised materials when published in book form by Avizandum Publishing Ltd in spring 2015. Kenneth Reid is Professor of Scots Law and George Gretton is Lord President Reid Professor of Law, both at The University of Edinburgh. The seminar will be chaired by Alan Barr, Honorary Fellow at the University of Edinburgh and a partner at Brodies LLP.Learning Outcomes and ObjectivesThe learning outcomes and objectives are that (i) by the end of the seminar, participants should have a sound knowledge and understanding of all major developments in the law of conveyancing which occurred in 2014, and (ii) through the provision of extensive materials, solicitors should be equipped to undertake such further study of developments in 2014 as they may find necessary or desirable.
|27 Jan 2014 → 9 Feb 2014