Don't forget the basics

Property lawyers have been having a stressful time with changes to stamp duty, the Land Registry rules and anti-money laundering initiatives.

With all these changes, it is important not to overlook the basic requirement to check the description of a piece of property.

It is surprising how often negligence claims against firms have been founded on the failure to deal with this elementary principle.

The Land Registry practice guide 40 has a section on inadequate identification of land.

Many practitioners will recognise these examples:

- There is a discrepancy between the parcels and the plan in a recently executed deed;

- A deed refers to a plan and no plan is attached;

- The land is not clearly defined on the plan;

- The markings used on the plan are badly drawn;

- The plan is distorted, badly copied or otherwise unclear.

There is, of course, the conveyancer's worst nightmare, which is that the plans or description are so inaccurate that the solicitor has managed to convey or purchase the whole or part of the wrong piece of land on behalf of the client.

If the poor identification of land is not discovered until the stage of registration, then the practitioner has a problem, as the client and other side may be involved in re-executing plans or documents.

The cost of course will have to be borne by the firm.

The worst possibility is a negligence action, if the plans cannot be rectified.

How can these difficulties be avoided?

- Take time at the beginning of the transaction to check plans and descriptions of the property.

- Always check these with the client before proceeding.

- Explain to all your staff, including support staff, the importance of accurately copying plans.

The use of a photocopy, which gets coloured and then repeatedly recopied can lead to a serious distortion in the plan.

- Check the plans in all documents or forms sent out.

- Familiarise yourself and your staff with the Land Registry practice guide, which is clearly written and helpful.

To ensure that you and your staff avoid such problems, review your current practice and promote good standards by demonstrating how attention to detail form part of a quality conveyancing service.

This column was prepared by the Alexander Forbes Professions, a division of Alexander Forbes Risk Services