Tag Archives: legal
Call for land reform in Scotland to be transparent and workable
Scottish Government proposals for land reform need to be coherent, clear and workable, according to the Law Society of Scotland. Submitting its response to the consultation on the future of land reform in Scotland, the society said that careful consideration should be given to ensure that pre-existing legislation it taken into account. While the Scottish Government has laid out proposals for a potential Land Reform Bill and the setting up of a Land Reform Commission, it is unclear at this stage what the remit or structure of such a Commission would be. ‘A new Scottish Land Reform Commission seems an appropriate way forward for progressing land reform in Scotland,’ said Paul Connolly, convener of the society’s property and land law committee. ‘We would suggest that if this proposal were to move forward, that there should be further engagement with stakeholders. Any such Commission must also ensure that it remains independent from executive influence and represents the interest of all stakeholders, such as agricultural tenants, crofters and charities,’ he added. The consultation also considers improving the transparency and accountability of land ownership in Scotland by limiting those who can own or take a long lease over land to legal entities registered in a European Union Member State. ‘We are concerned about this proposal. Restrictions such as these could be easily by-passed by non-EU companies setting up shell companies in the EU, for example a non-EU company could set up a UK registered company,’ said Connolly. ‘This would not necessarily fulfil the Scottish Government’s policy objectives of achieving greater transparency regarding the real land owner. It could also affect not only commercial land, but residential and agricultural land as well, thus having a potentially serious impact on business, and reducing investment,’ he explained. The consultation also proposes to impose further obligations on charities that own land, such as imposing a duty to consult with the local community before taking a decision on the management, use or transfer of land under their control. Stephen Phillips, convener of the society’s charity law committee, pointed out that there are already a number of regulatory obligations that are imposed on charities. ‘We see no reason why further obligations should be imposed on them,’ he added. ‘Under the proposals, a high street charity shop, for example, may be under an obligation to consult with the local community before it undertakes everyday repairs, such a roof repairs. This just seems wholly unnecessary and cumbersome in practice, and potentially expensive for charities without proportionate benefit to local communities,’ he concluded. Continue reading
Land Registry extends its anti-fraud property scheme to companies in England and Wales
After a successful pilot scheme, the Land Registry for England and Wales has introduced an anti-fraud security measure for companies concerned property might be subject to a fraudulent sale or mortgage. Tenanted, unoccupied or mortgage free properties are known to be particularly vulnerable and property fraud can happen in many ways. For example, fraudsters may attempt to acquire ownership of a property either by using a forged document to transfer it into their own name, or by impersonating the registered owner. Once they have raised money by mortgaging the property without the owner’s knowledge, they disappear without making repayments leaving the owner to deal with the consequences. ‘Recorded incidents of forged transfers and charges are not restricted to individuals. Corporate owners such as landlords of residential and commercial properties are targeted too. Since September 2009, we have prevented frauds on over 160 applications representing properties valued in excess of £70 million,’ said Alasdair Lewis, director of legal services at the Land Registry. With fraud currently estimated to cost the economy £70 billion annually, he pointed out that it makes sense to try and deter fraudsters wherever possible. ‘Together with our top tips, our new restriction can easily be used by companies to help protect their property from being stolen,’ he added. A request by a company for a restriction can be made using Form RQ(Co). The restriction is designed to help safeguard against forgery by requiring conveyancers, for example a solicitor, to certify that they are satisfied the company transferring, leasing or mortgaging the property is the same company as the owner before any new sale, lease or mortgage is registered. They must also certify that they have taken reasonable steps to establish that anyone who executed the deed on behalf of the company held the stated office at the time of execution. There is no Land Registry fee for companies registering this restriction for up to three titles and the move follows the successful launch, three years ago, of a similar free restriction for private individuals who do not live in the property they wish to protect. Land Registry’s top tips to protect property from fraudsters include making sure the property is registered. Innocent victims of fraud who suffer a financial loss as a consequence, may be compensated once registered, so having up to date contact details on the title register is recommended. Property owners can also sign up for the multi award winning free Property Alert service which helps owners guard against property fraud on up to ten registered properties in England and Wales. Private owners and companies who feel their property might be at risk can have a restriction entered on their title register which is designed to help prevent forgery. An example is an application to register a fraudulent transfer of a tenanted property in Princes Risborough, Bucks was recently identified by the Land Registry who worked closely with Thames Valley police in their investigation of the crime. This led… Continue reading
Majority of UK landlords not getting enough from lenders, it is claimed
Despite the recent launch of new mortgage rates and new terms for buy to let landlords, a new study shows that over three quarters of landlords believe that banks are not doing enough to support them. Just 17% of landlords feel they are getting enough support from lenders and one in ten have faced problems securing a buy to let mortgage, says the research from online letting agent PropertyLetByUs. The research also reveals that 87% of landlords believe the mortgage fees for buy to let loans are too high, while just 13% believe the interest rates are reasonable. This comes as figures show that over 70% of landlords have taken out a mortgage in the last six months to purchase a buy to let property and 19% have taken out a mortgage to refinance a loan. ‘Our research shows that lenders have some way to go to reassure landlords that they are supporting the buy to let sector. However, since the banking crisis of 2007, there has been a gradual increase in the availability of finance for buy to let landlords and the choice of mortgage products today is better than it has been for a long time,’ said Jane Morris, managing director of PropertyLetByUs. She explained that buy to let lenders typically want rent to cover 125% of the mortgage repayments and many are now demanding 25% deposits, or even larger, for rates considerably above residential mortgage deals. The best rate buy to let mortgages also come with large arrangement fees. ‘Landlords need to be cautious with mortgage fees as they can substantially push up the cost of a mortgage, especially if landlords are only fixing, or tracking for a short deal period. The biggest fees are typically those charged as a percentage of the loan, but even flat fees can run to £2,000,’ said Morris. ‘There are currently some good buy to let mortgage products on the market. For example, the lowest rate available now is 2.2% from Principality Building Society. It comes with a £994 fee and requires a 40% deposit. The total cost on a £150,000 mortgage would be £7,594 for the deal term,’ she explained. ‘For a longer term deal, The Post Office has a five year fixed rate at 3.65% with a £995 fee for a 40%. A £150,000 mortgage would cost £28,370 over five years,’ she added. Continue reading
