Private Client Focus Spring/Summer 2005

 

 

Contents:
Focus from John Elgee
A SIPP in the sun (Self Invested Personal Pension)
To have and to hold…
Residential Property
The Clementi Report
Collaborative Practice
7 years of uncertainty
E Conveyancing


E Conveyancing by John Elgee

The Government introduced substantial changes to Land Registration, with the Land Registration Act 2002, and to Stamp Duty under the Finance Act 2003, both of which came into force at the end of 2003. Whilst we continue to deal with the issues raised by these legislative Acts the Government’s desire for change continues with proposals for e-conveyancing.

In late July, when commenting on the Land Registry’s proposals, David Lammy, Under-Secretary of State at the Department for Constitutional Affairs, said that “when it comes to the delivery of public services, e-conveyancing is one of the Government’s high priorities. These proposals present a clear and coherent framework for the future direction of the programme, and I have agreed that the Land Registry should continue to lead the development of e-conveyancing in England and Wales”.

These key proposals are as follows

  • Access will be via public and private channels. The Land Registry is to develop its own access channel and will promote added value commercial channels alongside. These commercial channels will no doubt be search and utility providers at the least.
  • For the Land Registry to develop channels that will link all participants in a conveyancing transaction, co-ordinating the milestones of exchange and completion and automatically updating the Land Registry’s files. This will provide transparency and no doubt pressure on any elements of a chain that are not performing.
  • That an agency bank ”will set up an electronic funds transfer service to be linked to a central service facilitating all money movements associated with property transactions“. This would appear to remove some of the delays on completion day where there is a long chain. Presumably the Land Registry is to be in charge!
The aim of the Land Registry is to pilot e-conveyancing in the Spring of 2006 with a view to a roll out programme in 2007. Here at Elgee Pinks, we have always had an ability to transfer funds electronically. We will be keeping up to date with these developments and in conjunction with our software supplier, ensure that we are fully able to embrace these developments as they occur.