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A. Advise Quill what changes he needs to make to his business practices and when.

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Introduction

Property 1 Assessed Essay EASTER 2002 A. Advise Quill what changes he needs to make to his business practices and when. The Law of Property (Electronic Communications) Order 2001 incorporated into Section 8 of the Electronic Communications Act 2000, and enactment of the Land Registration Act 2002 will have a number of implications to Quill's business of creating hand written conveyances and selling individual house to Americans. Firstly, it will be voluntary for conveyancing to be carried out electronically which will make it simpler and more efficient. A new section 2A will be added to the Law of Property (Miscellaneous Provisions) Act 1989 to make contracts of sale available electronically, and a new section 144A in the Land Registration Act 1925 will provide a deed to be created electronically. Both electronically created contracts and deeds will take effect as a paper contract or deed. In order for Quill to adapt to these changes, some formalities need to be understood. At present, all conveyances of land are required to be made in writing under a deed in section 52 of the Law of Property Act 1925, with the exceptions of assents, creation of short leases, and conveyances by operation of law. Under the draft Order for e-conveyancing, a deed can be created electronically via a secure Intranet. Quill will firstly be required to update his business by purchasing a computer in order to be able to carry out transactions in the future. If he has not done so already, Quill will have to be registered as a licensed conveyancer by application to the Council of Licensed Conveyancers1. For Quill to be able to access this "secure Intranet" he will require a "Network Access Agreement" by authorisation of the HM Land Registry2. ...read more.

Middle

Here, I was able to download "Electronic Conveyancing - A draft order under section 8 of the Electronic Communications Act 2000" by clicking again, on the blue text. (ii) The next site I entered was www.lawcom.gov.uk by typing in the web address in the Explorer bar. On this site, I clicked on the relevant link entitled "Property and Trust Law". On this web page, I was able to download the two reports on e-conveyancing; "Land Registration for the Twenty-First Century: A Consultative Document", and "Land Registration for the 21st Century - A Conveyancing Revolution" by clicking on the numbers in blue text adjacent to the titles. (iii) I found the Land Registration Act by accessing the website www.hmso.gov.uk. I clicked on the link "Legislation", for "United Kingdom", finding "Acts of UK Parliament" under the Public Acts of "2002". This brought me to the list of Acts of which I found the Land Registration Act 2002. (iv) The final web address I gained information from was www.tscheme.org. On the left-hand side of the web site, I clicked on the "library" link where I was given a number of downloadable "PDF" files. The files I downloaded were; "tScheme response to DTI consultation on E-signatures Directive", the "Electronic Communications Act (ECA 2000)", and "Directive 1999/93/EC (Electronic Signature)-PDF". (v) I also obtained information regarding souvenir land by firstly looking in the law text book, "A New Land Law - Peter Sparkes" and then searching the Web using the search engine. By typing in "souvenir land" in the search field, I was given a list of links where I found www.landreg.gov.uk - the site for the HM Land Registry. Here I searched "souvenir land" again, in the box at the top right-hand corner, and was given a downloadable PDF file entitled, "pI018.pdf". ...read more.

Conclusion

1 Section 1(5) Law of Property (Miscellaneous Provisions) Act 1989 2 Paragraph 13.37 Land Registration for the 21st Century (2001) HC 114 3 Paragraph 13.40 Land Registration for the 21st Century (2001) HC 114 4 Section 91(2) Land Registration Act 2002 5 Section 123 Land Registration Act 1925; Section 91(2)(c) Land Registration Act 2002 6 General Information - Practice Leaflet 18-Souvenir Land May 1999 7 Practice Leaflet 18-Souvenir Land May 1999 8 Section 91(6) Land Registration Act 2002 9 Paragraph 26 Lord Chancellor's Consultation Paper on E-Conveyancing March 2001 10 Paragraph 28 LCCPE March 2001 11 Section 91 (4) LRA 2002 12 LRA 1925 13 Paragraph 7 LCCPE March 2001 14 Paragraphs 59-63 LCCPE March 2001 15 Appendix III, Paragraph 11, LCCPE March 2001 16 Appendix III, Paragraphs 9, 12 and 13, LCCPE March 2001 17 Paragraph 28, E-Conveyancing-Response of the Law Society 18 Paragraph 33, E-Conveyancing-Response of the Law Society 19 Paragraph 13.3, Land Registration for the 21st Century (2001) HC 114 20 Brown & Root Technology Ltd. v. Sun Alliance & London Assurance Co. Ltd [1997] 1 E.G.L.R. 39 21 Page 82 A New Land Law - Peter Sparkes 22 Paragraph 54, LCCPE March 2001 23 Paragraph 11.14, Land Registration for the 21st Century (1998) Cm 4027 24 Paragraph 11.7, Land Registration for the 21st Century (1998) Cm 4027 25 Paragraphs 21 and 22, Electronic Conveyancing-Response of the Law Society 26 LRB 2001 27 Section (2) Electronic Signature Directive 1999/93/EC, OJ L13 (2000) 12, doc 31999L0093 28 Section (9) Electronic Signature Directive 1999/93/EC, OJ L13 (2000) 12, doc 31999L0093 29 Paragraph 8 Lord Chancellor's Consultation Paper on E-Conveyancing March 2001 30 Section 93 LRA 2002 31 Section (28) Electronic Signature Directive 1999/93/EC, OJ L13 (2000) 12, doc 31999L0093 ?? ?? ?? ?? ...read more.

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