Commercial Property Standard Enquiries
Standard form pre-contract enquiries for commercial property transactions prepared by the London Property Support Lawyers Group and endorsed by the British Property Federation. They are available free of charge on the PLC Property Law site.
Fraud Act 2006
The Fraud Act 2006, which came into force on 15 January 2007, abolishes all the deception offences in the Theft Acts, and creates three new fraud offences, namely fraud by false representation, fraud by failing to disclose information and fraud by abuse of position. The first two of these offences may be relevant in the context of inaccurate replies to enquiries before contract.
The new offence of fraud by false representation requires that the representation be made:
dishonestly, that is, the defendant must:Note that there is no need to show that the person to whom the representation was made acted on it, believed it or even was aware of it.
be dishonest by the ordinary standards of reasonable and honest people; and
realise that what he is doing is dishonest by those standards; and
with the intention of making a gain for himself or causing loss (or risk of loss) to a third party.
The new offence of fraud by failing to disclose information requires:
a dishonest failure by the defendant to disclose information to another person;Fraud Act 2006
a legal duty on the defendant to disclose that information; and
an intention, on the part of the defendant, to make a gain or cause loss (or risk of loss) to another.
National Land Information Service
The National Land Information service (www.nlis.org.uk) is the central information hub, which allows conveyancers to obtain their searches on-line. It is up and running but still being developed. When fully operational it will allow you to search the Land Registry, all local authorities and many other bodies such as the Coal Authority etc. on-line.
See also the three organisations currently licensed to carry out the searches through NLIS. They are www.transaction-online.co.uk, www.territorium.co.uk and www.searchflow.co.uk.
PSA (www.psa.co.uk) provide conveyancing searches and related services to the legal profession.
What is the National Land Information Service? by Mark Riddick (New Law Journal, 7 December 2001).
NLIS: the way forward by Naomi Fulwood Explanation of the system. (Solicitors Journal, 15 November 2002, p1028).
National Land and Property Gazetter
Article: "21st century resource or a database too far?" by Nick Huber - Discusses the NLPG a "trailblazing e-government project that will speed up conveyancing and provide a definitive list of properties in the UK" - Or will it? asks the author. (Estates Gazette, 27 July 2002, p 116)
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