CILEx Level 6 Unit 17 Conveyancing
CILEx Level 6 Unit 17 Conveyancing - £570
This is a course set at the equivalent to the LPC in academic standard and will give you an in-depth knowledge of how to apply Land Law in practice. At the end of the course you will have a very broad and deep understanding of the application of the Land Law in England and Wales.
Who is the course for?
The course is for you if you are:
- a Chartered Legal Executive student selecting this unit as the Level 6 legal practice option
- a law graduate paralegal working in a conveyancing department within a law firm
- a qualified legal practitioner wishing to refresh knowledge on moving into this practice area
We recommend that you should have studied Land Law at degree level already, or alternatively enrol on our CILEx Level 6 Unit 9 Land Law course at the same time. As an alternative to the Level 6 course you may also wish to consider our CILEx Level 3 Unit 10 Conveyancing course which delivers detailed knowledge of how to conduct straightforward conveyances of registered land.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in Conveyancing which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice or the CILEx Graduate Fast-track Diploma.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
Chapter 1: Conveyancing Procedures in Outline
1.1 Introduction
1.2 The nature of rights in land
1.3 The conveyancing transaction
1.4 The stages of a conveyancing transaction
1.5 The Law Society Conveyancing Protocol
1.6 The Conveyancing Quality Scheme (CQS)
Chapter 2: The System of Land Registration and Third Party Rights
2.1 Introduction
2.2 Registration under the Land Registration Acts
1925–1997
2.2.1 Compulsory registration under the Land Registration Acts 1925–1997
2.2.2 Classes of title under the Land Registration Acts 1925–1997
2.2.3 Form of the register
2.2.4 The public register
2.3 General principles of land registration – Land Registration Act 2002
2.3.1 Compulsory registration under the Land Registration Act 2002
2.3.2 Classes of title under the Land Registration Act 2002 and the effects of registration
2.3.3 Upgrading of titles under the Land Registration Act 2002
2.3.4 Form of the register under the Land Registration Act 2002
2.3.5 Land and charge certificates under the Land Registration Act 2002
2.3.6 Rectification and indemnity under the Land Registration Act 2002
2.3.7 The Public Register under the Land Registration Act 2002
2.4 Other changes under the Land Registration Act 2002
2.5 Introduction – third party rights
2.5.1 Examples of third party rights
2.5.2 Registration of third party rights
2.6 Third party rights in unregistered title
2.7 Third party rights in registered title
2.7.1 Registered charges
2.7.2 Interests which are overriding (“overriding interests”)
2.7.2.1 Easements and profits
2.7.2.2 Rights under the Limitation Acts
2.7.2.3 Rights of those in occupation
2.7.2.4 Leases
2.7.3 Interests which must be protected by an entry on the register
2.8 Occupiers with an interest arising under a trust of land
2.8.1 The practical implications
2.8.2 The problem
2.8.3 Conveyancing practice
2.9 Conveyancing implications
2.9.1 Acting for buyers and/or mortgagees
2.9.2 Acting for sellers
2.9.3 Specific problems arising from a non-owning spouse or civil partner in occupation
Chapter 3: Preliminary Considerations
3.1 Introduction
3.2 The initial interview – case study
3.3 Types of finance
3.4 Financial matters
3.5 Professional conduct
3.5.1 For whom may you act?
3.5.1.1 Conflicts of interest
3.5.1.2 r3 Solicitors’ Code of Conduct
3.5.1.3 Acting for both lender and borrower
3.5.2 Sending out more than one contract (contract race)
3.5.3 Undertakings
3.5.4 Professional negligence
3.5.5 Cases involving the possibility of undue influence
3.5.6 Cost estimates and client care letter
3.5.7 Financial services
3.5.8 Mortgage fraud
3.5.9 Money laundering
3.6 Taxation
3.7 Acting for a seller
3.7.1 Draft contract package
3.7.2 Property Information Form (PIF)
3.7.3 Evidence of title
3.7.4 Energy Performance Certificate (EPC)
3.7.5 Other issues
3.8 Co-ownership
3.8.1 Joint tenancies
3.8.2 Tenants in common
Chapter 4: The Draft Contract
4.1 Introduction
4.2 Formation of the contract of sale
4.3 s2 Law of Property (Miscellaneous Provisions) Act 1989
4.4 Conditional contracts
4.5 Drafting the contract
4.6 Devolution of title of joint tenants and tenants in common
4.7 Open contracts and standard conditions
4.8 The parts of a formal contract
4.8.1 Particulars of sale
4.8.2 Errors in the contract particulars
4.8.3 The seller’s duty of disclosure
4.8.4 Other contract provisions
4.8.4.1 Title guarantee
4.8.4.2 Completion date
4.8.4.3 Contract rate of interest
4.8.4.4 Root of title/title number
4.8.4.5 Deposit
4.8.4.6 Chattels
4.8.4.7 Vacant possession
4.8.4.8 Insurance
4.8.4.9 Existing covenants
4.8.4.10 Latest time for completion
4.9 Contracts (Rights of Third Parties) Act 1999
4.10 Void conditions
4.11 Options to purchase
4.12 A general approach to drafting and approving the contract
Chapter 5: Deducing and Investigating Title in Unregistered and Registered Land
5.1 Introduction
5.2 Obligation on the seller to show good title
5.3 Deducing title in registered land
5.4 Deducing and investigating title in unregistered land
5.5 Particular issues in deducing/investigating title
5.5.1 Strict settlements
5.5.2 Trusts of land
5.5.3 Sale by a surviving co-owner
5.5.4 Sale by a fiduciary owner
5.5.5 Sale by personal representatives
5.5.6 Sale by mortgagees
5.5.7 Receipted mortgages
5.5.8 Voluntary dispositions
5.5.9 Disposition by an attorney
5.5.9.1 Types of power of attorney
5.5.9.2 Powers of attorney made by trustees
5.5.9.3 Revocation
5.5.10 Charities
5.5.11 Capacity
5.5.12 Execution by non-individuals
5.6 Time limits for raising requisitions
5.7 The technique in raising requisitions
5.8 The stages of investigation of title
5.9 Summary of investigation of title
5.9.1 Unregistered land
5.9.2 Registered land
5.10 Example of deducing an unregistered title using an Epitome of Title
5.11 Example of investigating unregistered title using an Abstract of Title
5.12 Transfer of title in particular circumstances
Chapter 6: Pre-Contract Searches and Enquiries
6.1 Introduction
6.2 Local searches
6.2.1 Local land charges search (LLC1 form)
6.2.2 Enquiries of the local authority (CON29 form)
6.3 Water and drainage search (CON29 DW)
6.4 Enquiries of the seller
6.5 Inspection of the property
6.6 Central land charges search – unregistered land only
6.7 Search of the Index Map (SIM) – unregistered land only
6.8 Other searches
Chapter 7: Mortgage Lenders
7.1 Introduction
7.2 Form of mortgages
7.3 The mortgage offer and deed
7.4 Procedure
7.5 The Lenders’ Handbook
7.5.1 The Lenders’ Handbook: solicitors’ duties
7.5.2 The Lenders’ Handbook: fraud prevention and other problems
7.5.3 The Lenders’ Handbook: checking title
7.5.4 The Lenders’ Handbook: third parties
7.5.5 The Lenders’ Handbook: advising the borrower
7.5.6 The Lenders’ Handbook: notifying the lender
7.5.7 The Lenders’ Handbook: filing
7.5.8 The Lenders’ Handbook: other transactions
7.5.9 Building Societies Association
7.5.10 Other transactions involving mortgages
Chapter 8: Planning Considerations
8.1 Introduction
8.2 Meaning of “development”
8.3 Obtaining planning permission
8.4 Enforcement action
8.5 Building Regulations
8.6 Other restrictions affecting development
8.7 Restrictive covenants
8.8 Contaminated land
8.9 Party Wall etc. Act 1996
8.10 Summary
Chapter 9: Exchange of Contracts
9.1 Introduction
9.2 Synchronising sale and purchase
9.3 Methods of exchanging contracts
9.4 Effect of a binding contract
9.5 Effect of death prior to completion
9.6 Effect of bankruptcy prior to completion
Chapter 10: Pre-completion Steps
10.1 Introduction
10.2 Central land charges searches – unregistered land
10.3 Land Registry searches – registered land
10.4 Searches in the Companies Register – Companies House Direct
10.5 Inspection of the property
10.6 Bankruptcy – K16 search
10.7 Drafting the transfer
10.8 A transfer – TR1 form
10.9 Procedure
10.10 Mortgage finance
Chapter 11: Completion
11.1 Introduction
11.2 Preparing for completion
11.2.1 When acting for the buyer
11.2.2 When acting for the seller
11.3 Venue
11.4 Methods of completion
11.5 Procedure upon completion
11.6 The effect of completion
Chapter 12: Post-completion
12.1 Introduction
12.2 Acting for the seller
12.3 Acting for the buyer
12.3.1 Stamping
12.3.2 Registration
12.3.2.1 Registering the transfer of a registered title
12.3.2.2 Application for first registration of unregistered land
12.3.2.3 Title information document
12.3.3 Other steps
Chapter 13: Delayed Completion and Remedies
13.1 Delayed completion
13.2 Specific performance
13.3 Forfeiture of deposit
13.4 Damages
13.5 Misrepresentation
13.6 Rescission
13.7 Standard Condition 7.1
13.8 Remedies after completion
13.9 Availability of remedies
13.10 Practical advice
Chapter 14: Sale of Part and New Build Properties
14.1 Introduction
14.2 Initial considerations
14.3 Easements and covenants on a sale of part
14.4 Drafting new easements and covenants
14.5 Buying new houses – a case study
Chapter 15: Leasehold Properties
15.1 Introduction
15.2 Grant of a lease
15.3 Considerations in drafting the lease
15.4 Drafting a contract to grant a lease
15.5 Approving the draft lease and the contract to grant the lease
15.6 Deducing and investigating title
15.7 Preparation for completion
15.8 Completion
15.9 Post-completion steps
15.10 Additional matters relating to leases of premises which form part of a building
15.11 Grant of a lease: a case study
15.11.1 Consider the case of Claire who is buying a new flat
15.11.2 The procedure
15.12 Assignment of a lease
15.13 Grant and assignment of an underlease
(or sub-lease)
15.14 Security of tenure
15.14.1 Introduction
15.14.2 Contractual rules governing the termination of a tenancy
15.14.3 Residential tenancies
15.14.4 Long-term residential lettings of houses – the Leasehold Reform Act 1967
15.14.5 Long-term residential lettings of flats
Chapter 16: Commonhold
16.1 Introduction
16.2 Main elements of the legislation
16.2.1 Nature of commonhold
16.2.2 Restrictions on commonhold
16.2.3 Creation of commonhold and consents
16.2.4 Commonhold units and unit-holders
16.2.5 Effect of a transfer of a unit
16.3 Restrictions on leasing
16.3.1 Residential commonholds
16.3.2 Commercial commonholds
16.4 Disposals of part
16.5 Common parts
16.6 Commonhold community statement
16.7 Commonhold association
16.8 Enforcement against unit-holders and disputes
16.9 Termination of commonhold
16.9.1 Voluntary winding-up
16.9.2 Termination on insolvency
16.10 Future for commonhold
Application
Download:
CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.