Frances Rooney (Lexares) has created and will run a series of CPD Events, set to be hosted in the RFPG's Faculty Hall.
Full Details of the events to follow below:
Booking available at: www.lexares.co.uk/cpd
Frances Rooney is the founding member of Lexares LLP, providing conveyancing opinions, title assistance and training to other property solicitors.
Well known as one of Scotland’s leading experts on land registration, for many years Frances worked closely with Registers of Scotland (RoS), the Law Society of Scotland (LSS), academics and other key stakeholders in shaping law and practice following the overhaul of land and property law under the Land Registration etc (Scotland) Act 2012. She is a member of the Property Law Committee of the Law Society of Scotland, and has also sat on various other committees and working parties including RoS’ public stakeholder group, land registration mapping working party, and digital services registration group; LSS’s common property project; and an LSS/PSG working party creating standardised residential styles for the profession. She has also tutored classes in the property law course of the Diploma in Legal Practice at Glasgow University. In recent years Frances was highly commended under the Rising Star of the Year category at the Legal Awards, and was mentioned in Legal 500 as a recommended lawyer, with comments in that publication noting that she is “tenacious” and “always goes the extra mile for her clients”.
Frances is a prolific author and speaker on all matters relating to property law and conveyancing, most notably having authored the second reissue of the Conveyancing title of the Stair Memorial Encyclopaedia and currently writing its next edition. Other publications include a long running series in the Journ
al of the Law Society of Scotland co-authored with senior members of staff at RoS to assist the profession with the practical issues of land registration following the 2012 Act’s implementation, and contributions to other works such as Millar & Bryce’s Conveyancing manual.
An evening session (1 hour) costs £75 + VAT.
A half-day session (3 hours) costs £140 + VAT.
A full day masterclass (6 hours) costs £200 + VAT.
Booking Link: www.lexares.co.uk/cpd
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6pm on Tuesday 3 October – 1 hr
LANDLORD AND TENANT: THE END OF TACIT RELOCATION?
A review of the current law and proposed law reform.
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6pm on Wednesday 4 October – 1 hr
LANDLORD AND TENANT: BREAKING THE LEASE
Potential pitfalls to avoid with drafting of break clauses and service of notices, and case law examples of how it operates in practice.
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6pm on Tuesday 17 October – 1 hr
CASE LAW ON LAND REGISTRATION POST-2012 ACT
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6pm on Thursday 19 October – 1 hr
CONVEYANCING CASE LAW UPDATE
Property, conveyancing and leasehold cases that were decided over the last year.
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10am-5pm Monday 23 October
6 hours CPD + breaks
PROPERTY LAW MASTERCLASS: MINE, YOURS OR OURS?
EXCLUSIVE VS COMMON RIGHTS
Morning: It’s mine, all mine!
1. The red line on the plan – An examination of common law and statutory presumptions and rules around ownership of boundary features such as roads, walls, water features etc; and a discussion of mapping requirements and the limitations of plans.
2. Is possession nine-tenths of the law? – Considering the legal interaction between title and possession for Sasine, 1979 Act registered titles and 2012 Act registered titles; reviewing the law on what does and does not equate to sufficient possession; and considering best practice and risk management including a discussion of the standard clauses in Missives and Dispositions relating to possession and potential revisals.
3. A non domino – Understanding the law pre and post 2012 Act on when bare possession without title allows people to acquire ownership, the difference between intentional and unintentional a non domino deeds, identifying potential a non domino issues in existing titles, the procedure for registering a new a non domino deed, alternative options.
Afternoon: What’s mine is yours, what’s yours is mine…
4. Common property - common law rules on ownership and use of common areas, march walls, PMP case and ramifications, land reg shared plots etc.
5. Common schemes – evolution of common schemes in the law, the interaction of ss53 and 53 of the TC(S)A, the requirements for proving a common scheme, the practical difficulty in reporting to clients as to whether a burden is still valid and pragmatic solutions, and ongoing proposed reforms to the law.
6. Creating multi-party title conditions - exploring the myriad of ways to create and interpret title conditions benefiting and burdening multiple parties, including tripartite or back to back Deed of Burdens, Deed of Conditions, Development Management Scheme, Tenement Management Scheme, and Community Burdens, with reference both to statutory and underlying common law.
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10am-5pm Friday 27 October
6hrs CPD + breaks
LAND REGISTRATION MASTERCLASS
Morning: Lifting the veil behind the Register
1. Land Registration overview – background to 1979 v 2012; triggers for registration; general process for registration; liability to/from the Keeper
2. Reliance on the Land Register (“the mud”) – an examination of the extent to which we can rely on the Register as being the full story and when we need to look behind it to the underlying deeds; including consideration of the legal and practical effect of the Register via Midas Touch, realignment and prescription rules
3. Boilerplate Land Registration clauses – running through the boilerplate land registration clauses in Missives and Dispositions, a comparison between the standard styles (PSG, Standard Clauses etc), and what potential revisals may be made during negotiation
Afternoon: when things go wrong
4. Rejections – why RoS reject and when they have to; how to deal with rejections; looking at rejection trends and how they can be applied in your firm to avoid rejections
5. Rectification of the Register – when this may be wanted, the circumstances in which it is available, how to make a good request for rectification, and the risks and options if the Keeper will not rectify the Register
6. Financial claims (“the money”) – taking a legal and practical look at what happens when things go wrong; what the main options are for financial claims e.g. deed warrandice, Keeper warranty, etc and what is not covered by them
Booking Link: www.lexares.co.uk/cpd
