The Law Society's conveyancing and land law committee is the focus of the Society's work in the area of commercial and domestic conveyancing and is intended to bring together expertise and views across a broad section of the profession practising in this field.
In addition the committee usually has representatives from HM Land Registry, the Law Commission and a lender.RoleThe committee strives to be available and approachable and to be representative.
A balance has to be struck between keeping the size of a committee to a manageable and effective number and making it representative of the interests of the profession.
Steps are being taken to expand the committee to improve its representative nature and it is hoped that this will be completed shortly.
The backbone of a successful committee is its non-council members and this committee is fortunate in having eminent practitioners in various fields who are prepared to give freely of their time for the benefit of the profession as a whole.What should be the aims of a committee? Although there is bound to be a blurring of edges, I think a division can be drawn between being pro-active and reactive.Pro-active aimsThe committee espouses reforms in both the law and in practice.
For example, two recent Law Society initiatives are:-- National Land and Information Service (NLIS).
This is coming on stream.
It will revolutionise the home buying process.-- Transaction 2001.
This is being launched and will build on the 1990 initiative.
It aims to improve the previous forms.On law reform, the committee has been at the forefront of the Commonhold and Leasehold Reform Bill discussions.
Regrettably, the Bill failed to reach the statute book before the general election was called but it is hoped it will be reintroduced in the next parliament since it would have brought much needed reform and was, in many respects, innovative.On practice reform, there can be no doubt that electronic conveyancing will become a reality in the near future.
The enabling legislation is in place and this should be seen as an opportunity for the profession.The committee is being consulted on whether there should be a 'conveyancing section'.
It would welcome feedback on whether a section would appeal to the 25% or so of the profession that works in the conveyancing field .A contamination warning card is being issued by the committee and will guide conveyancers in what is a fraught area of law.
The committee also issues guidance arising out of specific decisions of the courts.The committee will support solicitors where it considers there is discrimination against the profession or a section of it.
An example is the discrimination against sole practitioners by some lenders.
It is hoped that this will end but, if not, it is likely that there will be a reference to the Office of Fair Trading.Re-active aimsThe committee responds to both internal and external consultation papers.
Current examples include:-- The Law Society's regulation review working party's paper on conflict of interest;-- Two consultation papers from the Department of Environment, Transport and the Regions on Business tenancies legislation in England and Wales and on Letting of Business Premises -- section 57 Landlord and Tenant Act 1954;-- A consultation paper from the Lord Chancellor's Department on Electronic Conveyancing -- Draft Order under Section 8 of the Electronic Communications Act 2000.It is a major function of the committee to react to and attempt to influence legislation introduced by the government; examples include the Commonhold and Leasehold Reform Bill as well as:The Homes Bill.
This Bill did not reach the statute Book.
The Law Society argued that part 1 of the Bill, which set out proposals for a seller's pack, was largely an irrelevance and would do nothing to improve the home buying and selling process, and instead would add to the cost.
The proposals for a seller's survey posed grave threats of conflict of interest for the consumer and the imposition of criminal sanctions was alien to a voluntary transaction between individuals.
There is the risk that the Bill in some form or other will return in the next parliament and the committee will continue to monitor the position.Consumer Protection (Distance Selling) Regulations 2000.
The committee takes the view that there should be, and would press for, an exemption for conveyancing from these regulations on the basis that they were not intended to relate to the home buying and selling process and run counter to the avowed intention of the government to hasten the home buying process.For any additional information about the work of the conveyancing and land law committee, contact Deborah Manning at the Law Society, 113 Chancery Lane, London WC2A 1PL DX 56 London/Chancery Lane.CONVEYANCING AND LAND LAW COMMITTEE FACT FILECHAIRMANMichael King was until recently a senior partner of Marshall & Galpin, established in 1782 and the oldest firm in Oxford.
He has more than 35 years experience mainly in residential and commercial conveyancing work.
He is now a consultant and also lectures and gives expert opinions.He has been the Law Society Council member for Oxfordshire and Buckinghamshire since 1997 and is a past President of the Berkshire Buckinghamshire & Oxfordshire Incorporated Law Society.Having been a member of the Society's property and commercial services committee, he became chairman of the conveyancing and land law committee in 1999.
He also serves on committees linked with the Land Registry and the Council of Mortgage Lenders and is the Law Society representative on the National House-Building Council.COMMITTEE MEMBERSTrevor Aldridge QC formerly in private practice and a Law Commissioner and author of a number of books on property law, HertfordshireMargaret Anstey, editorial board of the Law Society's Conveyancing Handbook, DevonA nthony Bogan, Alun James & Co, Uxbridge, London, Law Society Council memberDenis Cameron, Cameron & Ball, Blackpool, Lancashire, Law Society Council memberPhilip Freedman, Mishcon de Reya, LondonPaul Marsh, Carter Bells, Kingston upon Thames, Surrey, Law Society Council memberMurray J Ross, Royal London Insurance, Colchester, EssexEmma Slessenger, Titmuss Sainer Dechert , LondonJohn Sneary, Bailey & Co, Dorset, Law Society Council memberJoseph Timothy, HM Land Registry, London
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