Rennies Opinions on Professional Negligence in Conveyancing

This new book published in the Greens Practice Library series assists lawyers to negotiate the potential pitfalls that could lead to professional negligence claims against them.
The work comprises of Memorials and Opinions in the style of the renown Hallidays Conveyancing Opinions and is an ideal companion to that work.
How to use Rennies Opinions on Professional Negligence in Conveyancing for risk management purposes.
Conveyancers Methodology:
* Identify causes
* Analyse risks
* Provide solutions
* Implement preventative measures
* Avoid embarrassing and costly claims and complaints.
Litigators Methodology:
* Identify causes
* Analyse opportunities/risks - quickly
* Provide support to argument for/against
Mediators/Courts Methodology:
* Consistency
* GuidanceCONTENTS
OUTLINE OF CONTENTS

1.Bankruptcy and Liquidation

Opinion 114Failure to protect client - failure to record disposition timeously - sequestration of granter of disposition - effect on grantee.

Opinion 1452Failure to protect client - solicitor advising client to lend money to another client of same firm - security to be discharged over one property and new security created over another - no new security created - bankruptcy.

2.Conflict of Interest

Opinion Sale and Purchase - acting for both parties - whether conflict of interest.

Opinion 156Question over boundaries - acting for buyers and architects.

Opinion 196Acting for both parties - one party employee of firm - failure to conclude missives.

Opinion 445Conflict of Interest - failure to follow instruction - acting for sitting tenants in purchase of council house - acting for daughter who provides finance - failure to protect.

Opinion 545Conflict of Interest - transfer of funds from one client to another without written authority - loan - failure to prove loan because of no writing.

Opinion 112Family transaction - conflict of interest - council house purchased by elderly person - mortgage provided by son and daughter-in-law - Deed of Trust by elderly person - no independent advice.

3.Contracts for the sale of heritable property - Marketable Title - Parties Obligations

Opinion 128Failure to protect client - lack of building warrant for conversion.

Opinion 193Failure to obtain independent confirmation repairs notice settled.

Opinion 214Payment of price by instalments - no requirement for security covering balance.

Opinion 54Failure to get planning permission and completion certificate for 13 year old house in small development.

Opinion 56Law of the Tenement - attic conversion - failure to protect.

Opinion 597Failure to protect - mining operations in adjacent property - property enquiry certificate not disclosing adjacent operations.

Opinion 66Failure to protect - alterations to property clause in missives not followed through by enquiry to sellers solicitors as to whether alterations carried out.

Opinion 722Failure to protect - conclusion of missives with plan attached to offer subject to deed plan approved - failure to agree plan - rescission by purchasers.

Opinion 87Failure to advise - purchase of business - no clause relating to turnover or trading - turnover substantially lower - failure to give commercial advice.

Opinion 85Conclusion of Missives subject to retention to obtain title within time limit - failure to advise client of time limit - failure to obtain title within time limit or take action.

Opinion 896Failure to advise client - obligation to convey extra piece of ground by seller to purchaser if seller unable to obtain planning permission - supersession clause and missives leaving out obligation.

Opinion 921Failure to advise client - property sold subject to repayment of local authority discount - clients believing no discount repayable .

Opinion 94Failure to advise - acceptance of offer - alterations to attic - no building warrant - letter of comfort offered.

Opinion 11Failure to advise - flat bought for multiple occupancy by students - prohibition on local plan - nothing mentioned in property enquiry report.

Opinion 117Missives concluded in knowledge of existing lease - offer to sell with vacant possession - short assured tenancy but no notice - no prior notice served.

Opinion 158Undertaking by seller to deliver letter of comfort - failure to obtain letter of comfort - rescission not practical - whether advice to settle appropriate

Opinion 16Failure to advise - conclusion of missives for purchase prior to conclusion of missives for sale - whether duty on solicitor to advise not to conclude purchase until sale concluded.

Opinion 1336Failure to protect - defective central heating - clause in missive.

Opinion 1763Failure to protect - provision for uplift in price after sale of last flat - non-supersession clause with two year time limit - sale of last flat outwith two year time limit.

4. of Subjects

Opinion 182 of property - defective plan.

Opinion 332Title Plans - comparison of fresh title plan with original titles - lack of prescriptive progress.

Opinion 357Strip of ground not included in clients title - whether examination of plans and prior titles would have shown up defects.

Opinion 382 of Property - garden ground omitted.

Opinion 452 of title not conform to physical position - clients having seen plan.

Opinion 534Failure to protect - lease and disposition conveying more than should have been leased and sold.

Opinion 641Failure to compare plans with title.

Opinion 654Rural property - cottage - boundaries.

Opinion 85Failure to follow instructions - offer for property - area of ground not included in title - ground belonging to other party for development.

Opinion 866Failure to carry out instructions - failure to adequately describe - failure to retain areas required for sight lines.

Opinion 935Barony Title - sale of land and estate with superiorities - Baronies transferred in error.

Opinion 177Purchase of penthouse flat with parking space - no parking space in title - purported lease of parking space found invalid.

Opinion 1132Shop with double number address - solicitor visiting property - failure to notice double shop comprising one number - title obtained to only one shop.

Opinion 1222Acquisition of Ground with access road - no title for access road - apparent from prior title where right of access only granted.

Opinion 1244Conveyance of one half share in road by mistake - servitude only intended in missive.

Opinion 1434Gift by father to daughter - boundary discrepancy - whether solicitor bound to examine title.

Opinion 1447Title to upper flat - no right of access or common right in stairwell.

Opinion 1593Basement Title - client assuring solicitor basement still owned - basement conveyed away earlier - failure to examine prior title.

Opinion 161Subjects conveyed excepted in other writ - mis-description by reference of excepted subject.

Opinion 1616Sale of units - whether retaining wall may be common or subject to maintenance obligation - whether wall retained within boundary - whether solicitors made aware of retaining wall with instructions.

5.Execution of Deeds

Opinion 41Execution - failure to draw up deed properly.

6.Heritable Securities

Opinion 3Preparation of Bank Security.

Opinion 15Failure to properly prepare security.

Opinion 18Security subject to tenancy - whether duty to enquire as to existence of tenancy.

Opinion 43Preparation of Security.

Opinion 56Preparation of Security - examination of title deeds - lack of fire escape.

Opinion 13Constitution of Security.

Opinion 213Advice on adequacy of second charge - value of security.

Opinion 232Failure to advise wife that bank security covered all advances, not just mortgage.

Opinion 585Failure to record standard security - solicitors holding back security until bank advised funds advanced.

Opinion 621Standard Security by minor child with consent of father as curator in respect of loans made to father - security void - whether solicitors liable for failure to advise lender.

Opinion 672Failure to advise wife that standard security covered husbands obligations - lack of separate advice.

Opinion 791Failure toMICROSITERennies Opinions on Professional Negligence in Conveyancing is published by W. Green. To find out more about W. Green, and our products please visit http://www.sweetandmaxwell.co.uk/wgreen