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Updates for Conveyancing Law Practitioners

Updates for Conveyancing Law Practitioners


  1. Opting out” of full Building Control:

Thank you to those who replied to my request for any examples of financial institutions looking unfavourably on houses being “opted out” of full building control. No one who replied had any examples of this happening, so the media outlet that reported this as a story would seem to be incorrect. However, if any member does come across “opted out” houses being treated as less desirable by financial institutions, I would be grateful if you would let me know.


  1. Easements by Prescription and Rights of Way of Necessity:

It would seem that Solicitors are having difficulties in applying under the Section 49A procedure

of the Land Registry Rules for registration of easements which arose by prescription. The

Conveyancing Committee would like to discuss these difficulties with the Land Registry. It would be a

great help In those discussions if the Committee had examples of where Solicitors have run into

difficulty arising out of the Land Registry raising the question that a right claimed is a Right of Way of

Necessity and therefore cannot avail of the Section 49A procedure.


If you have run into any such difficulties would you be prepared to let me know and give me some of

the details (without disclosing client identifying information).


Thanking you in advance.


Dermot O’Dwyer

Vice-President TSBA,