Conveyancing Focus ISSUE 1 | WINTER 2015
By
SEARCHES UK Our people, our services and our vision
WIN MORE CLIENTS With Buyer Protect
A KNOTTY PROBLEM Managing Japanese Knotweed CPD What’s Changing?
QUEEN OF HEARTHS
Interview with Kirsty Allsopp
www.searchesuk.co.uk
CONVEYANCING FOCUS: Name of Section
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CONVEYANCING FOCUS By
CONTENTS
4 5 6 9 10 11 13 14 15
News Continuing Professional Development, DevAssist launch DevLondon & Protecting Your Buyers
Offers and Promotions Free Searches UK Quotation System for solicitors and conveyancers
The Interview Kirstie Allsopp on property and making a house a home
The Search Code The Council of Property Search Organisations (CoPSO) on the importance of quality standards
Searches UK Our people, our services, our vision
Checkaprofessional
WELCOME Welcome to issue one of Conveyancing Focus brought to you by Searches UK. These are exciting times in the Search industry as we strive for quality and embrace the advances of the digital age in ensuring we provide the best, most effective and most efficient service possible to our clients. In this first issue we bring you news and opinion from industry specialists and up-to-the-minute information about developments in our profession. We hope you find Conveyancing Focus interesting and informative and welcome your feedback: Find us on Facebook, Linkedin and Twitter, visit our website at: www.searchesuk.co.uk or email us at: info@searchesuk.co.uk.
Giving clients the independent reviews they need
Japanese Knotweed GroundSure tackle an increasing problem
Career ladder Searches UK MD, Andrew Stenning, on his career path
Produced by: Searches UK Unit 2, 136-140 Old Shoreham Road Hove, East Sussex, BN3 7BD T: 0845 241 1815 F: 0845 241 1817 W: www.searchesuk.co.uk E: info@searchesuk.co.uk
Talk Money Independent Financial Advisor, Claire Cook on investments and pensions
Published by: Portfolio Publications
Printed by: Gemini Press Front cover Image: Main image courtesy of 123RF, Kirstie Allsopp image courtesy of Shutterstock.
All rights reserved. The views expressed in this publication are not necessarily those of the publisher. The publisher cannot accept responsibility for any errors or omissions relating to advertising or editorial. No part of this publication may be reproduced without prior written consent from the publisher.
CONVEYANCING FOCUS: News
CONVEYANCING News CPD: WHAT’S CHANGING Continuing Professional Development is changing. Searches UK offer flexible training to suit you... Last year the SRA announced a fresh approach to ensure solicitors and conveyancers remain up-to-date and competent in their roles, whilst at the same time removing the burden of completing 16 hours’ training per year. Still subject to approval by the Legal Services Board, it is designed to be more flexible, giving solicitors greater control over what they feel is appropriate for their role. The SRA will issue a Competence Statement which will explain what is expected of all solicitors to help them identify their learning development needs and the new approach will be phased in from Spring 2015, being fully introduced by November 2016. As a result of these changes, training providers will no longer need to be authorised by the SRA. However, solicitors and conveyancers will still need to demonstrate that they are focussing on continuing competence and Searches UK, who have been accredited by both the SRA and the CLC as approved training providers for a number of years, will
continue to offer a full complement of free training.
“Searches UK are accredited by both the SRA and the CLC as approved training providers” Searches UK firmly believe in providing insightful and informative training sessions and understand that the value which can be achieved through selecting the right course is indisputable. We have teamed up with a number of industry experts, including GroundSure, Landmark, Legal
Eye, DevAssist, St Giles, Lexsure and others to ensure we are able to keep our clients up-to-date and informed about the latest requirements and developments taking place in the conveyancing sector. Free Webinars and In-House CPD – Searches UK bring training to you! Searches UK regularly run interesting and relative training sessions, live, via webinar, meaning you can take part from the comfort of your office, saving you time and travelling expenses. Alternatively, we are happy to arrange an event at your office for your complete comfort and convenience. Simply find a course that interests you by visiting www.searchesuk.co.uk/content/free-cpd and contact us directly to arrange a date and time for a member of the Searches UK team, along with a conveyancing expert, to visit your office for a FREE presentation which will keep you and your colleagues fully up to date. For further information please email: info@searchesuk.co.uk.
DON’T LET YOUR CLIENT’S DREAM HOME BECOME A NIGHTMARE DevAssists’s unique search reports reveal if an area is at risk from future nearby development. Now they are launching DevLondon Award winning Sussex company, DevAssist, is soon to be launching its newest product, DevLondon. DevAssist already produce reports for homebuyers that expose unknown developments to buyers. As a two-staged report DevLondon will go even further. The first stage will be a detailed analysis of the area that surrounds a property. This will reveal any unbuilt planning consents as well as identifying land that could support development. In London there is a 20% chance that you
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will be exposed to major or significant development. Once the initial instruction has been received the council will be contacted under the Freedom of Information Act requesting them to reveal any pending applications or pre-consultations that have taken place. This will reveal any pending applications that may impact on the subject property. The final stage is just before exchange of contracts, when the final report is produced that will double check for any new applications that have been
submitted since the property was agreed to be purchased. With some transactions taking many months, it is essential that the area is reassessed before exchange. The final report will also reveal the results of the Freedom of Information request. DevAssist have prevented many costly mistakes for buyers and solicitors. For further information please contact Searches UK or visit our website at www.searchesuk.co.uk
CONVEYANCING FOCUS: News
“Searches UK firmly believe in providing insightful and informative training sessions”
QUOTE US! FREE Searches UK Quotation System for solicitors and conveyancers! Most conveyancing law firms seek to attract referrals directly from local customers and also via local introducers such as estate agents, mortgage brokers and accountants. Attracting work directly rather than through national panel managers is often more lucrative, whether or not referral fees are paid. Searches UK have developed the Searches UK Quotation System, which is a new quotation and referral platform designed for the benefit of law firms and their introducers allowing quotes to be generated, tracked and followed up, all under your own branding. The intuitive platform has been proven to grow conveyancing volumes, improve customer delivery and save you and your introducers time and money. The software is also easily integrated to internal case management systems, and with its unique, flexible quoting function you will be able to work with introducers based on their business model to improve quote conversion for everyone.
“We have developed the Searches UK Quotation System ... a new quotation and referral platform for law firms” Key features: • Create your own key stages and milestones • Online real time system updates including key stage updates and solicitor case notes • Instant detailed conveyancing quotes • Quote conversion diary function
• Online case tracking for agents, intermediaries and clients • Client online portal • Upload documentation • Panel management functionality with a unique Traffic Light System • Customise the software with your own branding • Real-time management information • Introducers provided with a FREE Quote & Tracking system to help enhance their own business offering To arrange a meeting or web demo contact Searches UK on 0845 241 1815 and access the benefits for FREE when processing search orders through Searches UK! Terms & conditions apply.
“The intuitive platform has been proven to grow conveyancing volumes, improve customer delivery and save you and your introducers time and money”
PROTECTING BUYERS Win more business and protect your clients’ investments with Searches UK’s valuable Buyer Protect Reimbursement Scheme Searches UK understand that moving house can be one of the most stressful, not to mention expensive, events of a person’s life. Today, more than ever, the process of moving home requires a significant capital outlay – and until Searches UK brought this beneficial product to the market there has been no easy or affordable way of protecting this investment in the unfortunate event that the purchase does not complete. When processing your client’s searches as part of a Searches UK Buyer Protect Search Pack, you can protect some of the associated costs that your client will incur when purchasing a property, so that should the transaction fall through, your client has the peace of mind that certain out of pocket expenses will be reimbursed. With Buyer Protect from Searches UK, your clients could be reimbursed the following: • Up to £500 in non-refundable, mortgage lender arrangement fees, mortgage broker fees, product and booking fees. • Up to £750 in valuation fees (homebuyer, structural surveys, etc.). • Up to £800 in solicitor’s fees and disbursement costs. That’s up to £2,050 that could be returned! The Buyer Protect reimbursement scheme will cover costs for a multitude of reasons; for further details about these reasons please contact Searches UK on 0845 241 1815 or visit our web page at: www.buyerprotect.co.uk
Brought to you by Searches UK | www.searchesuk.co.uk
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CONVEYANCING FOCUS: The Interview
QUEEN OF HEARTHS For someone who is entitled to use the title ‘Honourable’ before her name, Kirstie Allsopp is a surprisingly thrifty soul. Now arguably our favourite property presenter, she’s made a career out of driving hard bargains and showing viewers how to pinch those pennies to decorative effect. We take a look at the lady with a knack for trendspotting...
Ever since she first appeared on our screens on Location, Location, Location 13 years ago, Kirstie Allsopp, 42, has been Britain’s property sweetheart. More quirkily feminine than Sarah Beeny and distinctly less snippy than Kevin McCloud, she won viewers’ hearts with her combination of humour, no-nonsense deal making and flirty chemistry with her long-time co-host, Phil Spencer. She’s also established herself as someone who knows her property onions and has gone on to present numerous programmes about her other passion, crafts. “I’m not a true artist, but making things gives me enormous pleasure.” In this age of austerity, where the ‘make do and mend’ approach has become not only necessary for many people, but trendy, Kirstie is riding the crest of a popular wave. But unlike some other female presenters of a similar ilk, who seem determined to avoid controversy of any kind, Kirstie has shown she is not afraid to
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speak her mind. This lover of vintage fashion publicly took on one of the 21st century’s most influential inventions when she was abused on Twitter and attracted a fair amount of criticism for her trouble. “I do feel a big responsibility to be seen to say, ‘No! Stop!’”
“The number of boys in my life means I can’t get too neat or too precious about our home”
Tweeting and internet ‘trolling’ were a long way from Kirstie Allsopp’s mind when she was growing up, as the eldest of four children, in a Wiltshire village. Her father is former Christie’s Chairman, Charles Allsopp, 6th Baron Hindlip (hence the Honourable prefix being at Kirstie’s disposal) while her mother, Fiona Atherley, is an interior designer and her cousin is interiors brand icon, Cath Kidston; so it’s no surprise that she developed an interest in homes from an early age. Unusually for a child, Kirstie had no desire to pin posters of pop stars on her bedroom walls and instead insisted on a fourposter bed for her 12th birthday. “I was absolutely crazy about that bed... When we moved house, my mum had the curtains of my beloved bed made into blinds for my new room. Why? Because I’d moved into the attic. Needless to say, my family have always lived by an ethos of reuse and recycle and goodness knows it’s stuck on me.”
CONVEYANCING FOCUS: The Interview
Her childhood also developed the maternal streak that would stay with Kirstie into adulthood; she claims to have wanted babies ever since she was a child herself and would dote on her much younger sisters and brother. Now a mum of two boys, her maternal side might explain to a degree her great appeal as a television presenter, pleasing both male and female viewers. Despite her apparently privileged background, her awareness of the value of money has shown a common touch. “My first job in the early 90s only paid £12,000 a year and this was at a time when interest rates on mortgages were at 15%, so I was always worried about where my next electricity payment was going to come from.” Having bought her first flat by the age of 21, a spell selling classified ad space led Kirstie to believe she could combine her interest in property with a newfound skill at negotiation to start her own business. In 1996 she formed a property search company with a friend and within a few years, stardom came knocking in the form of a TV crew who were looking to capitalise on the property boom by launching a new Channel 4 show. Kirstie was invited to do a screen test and met Phil Spencer – the rest, as they say, is history. Being on TV has inevitably brought attention of both the positive and negative kind and, like most famous women, Kirstie has had to deal with plenty of comments about her voluptuous shape. “People think that I’m 10lbs fatter than I actually am, it’s unbelievable what the TV does to you.
“I’m not a true artist, but making things gives me enormous pleasure” At least I can watch myself on TV now. I used to hide behind the sofa whenever I came on screen..! I am not a thin person.” The relevance of Location, Location, Location has fluctuated in line with the recently unsteady property market – its sister programme, Relocation, Relocation, in which couples agonised over where to buy their second home, was dropped for rather obvious reasons in 2011
of harassment for those who decide to take advantage. After describing the National Childbirth Trust’s attitude to mothers as ‘scary’ and ‘dogmatic’ – both Kirstie’s sons were delivered by Caesarean section and she felt that the Trust stigmatises those who don’t give birth naturally – she attracted strong criticism on Twitter from those who disagreed with her; “Every time I go to Twitter there’s someone to ignore but the type of vile abuse & language expressed is scary,” Kirstie Tweeted. “99% of folk who saw abusive Tweets agreed they were unacceptable.”
– but its popularity remains strong. In the last few years Kirstie has identified another trend by showing viewers how to capture the fashionable shabby chic look and give their homes a vintage twist on the cheap in Kirstie’s Homemade Home, Kirstie’s Homemade Britain and, most recently, Kirstie’s Fill Your House For Free.
Although fame has its downsides, Kirstie uses it to support charities that clearly speak to her interests. The Prince’s Foundation for Building Communities works to ensure that redundant buildings are put to new use for communities, while Home-Start UK supports families who are struggling to cope with difficult times. She also backs Keep Britain Tidy, presumably to help keep that elusive ‘kerb appeal’ within every homeowner’s reach. As the property market shows signs of recovery, it’s safe to say that Kirstie Allsopp won’t disappear from our screens for some time yet – as a master of trendspotting, this vintage lady really seems to have the key to the door.
“I was born homey. Some women are, some aren’t. I wanted babies from the age of two and would pay my sisters to let me push them around in prams and dress them. I’ve always nested and that’s why I got into property – this idea that if you can find a bird a nice home, they will be happy.” What of her own home? Now the proud mum of two young sons with property developer Ben Andersen, and stepmother to his two sons from a previous relationship, Kirstie appears to be happily settled, though she confesses that family life does lead to sacrifices when it comes to interior design. “The number of boys in my life means I can’t get too neat or too precious about our home, which is probably a very good thing. But the best bit about being the only girl in our house is that I don’t have to share my bathroom with any of them. I have managed to keep one small corner completely for me.” Having a private sanctuary in which to retreat is important for everyone, but particularly so for celebrities who are constantly in the public eye. Although social media has revolutionised the way many of us communicate and offered everyone the chance to globally broadcast their opinions, it also offers another means
“I was born homey. Some women are, some aren’t”
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OPTIMISING BEST PRACTICE & PERFORMANCE
Free Mini Health Check
Searches UK have joined forces with Legal Eye to offer lawyers a free mini health check. Searches UK are recognised nationally for their expertise within the Search Industry whilst being passionate about providing additional offerings to lawyers to help them combat some of the stresses associated with running a law firm in today’s market. One of the greatest daily stresses is Risk and Compliance and it is sometimes the smallest of things we can slip up on.
The mini health check includes the following:
• Review of a client care letter, estimate of fees and disbursements and Terms of Business • Review of your email footer • Review of your website • Review of your letterhead • Review of your ICO registration Data Protection • Review of your Financial Services EPF Registration if applicable
We are therefore delighted to be able to offer our lawyers the
All you need to do is email a copy of your client care letter and Terms of Business to info@searchesuk.co.uk and Legal Eye will revert back to you with the results of your
following FREE mini health check completed by Legal Eye.
review.
Searches UK, have once again demonstrated the high quality and professional service they provide by attaining the Legal Eye Quality Standard for the third year in succession.
Contact us today before it costs you! Legal-Eye
0203 051 2049 or email us at jg@legal-eye.co.uk
Legal-Eye Services
Searches UK
0845 241 1815 or email us at info@searchesuk.co.uk www.searchesuk.co.uk
OPTIMISING BEST PRACTICE & PERFORMANCE
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www.legal-eye.co.uk | linkedin.com/company/324078 | facebook.com/LegalEyeLimited | twitter.com/LegalEyeLtd | legal-eye.co.uk/app
CONVEYANCING FOCUS: CoPSO
THE SEARCH CODE James Sherwood-Rogers, Chairman of The Council of Property Search Organisations (CoPSO) on the importance of quality standards
Founded in 2003 by six major players in the search industry, CoPSO was set up to provide a professional voice for companies producing property search reports and to drive forward quality standards within the sector. Today, CoPSO members, who number over 110 search providers, account for over 90% by volume of all private sector searches produced in the market. Our vision is of an efficient and effective market for searches which provides accurate and high quality property-related information at the right time and in the most appropriate form. We believe that search information should be accessible to all, delivered promptly and in standard electronic format upon payment of a reasonable fee to all companies operating within a self-regulating environment. We will work with all stakeholders to develop benchmarked quality standards for data holders, search companies and information providers in order to deliver that. The Search Code is our commitment on behalf of the industry to achieve these aims. The Search Code is regulated by the Property Codes Compliance Board (PCCB) and is widely recognised by conveyancing lawyers and mortgage lenders as the quality mark that they and their clients can rely upon. It is a condition of CoPSO membership that members subscribe to the Search Code and all subscribers to the Code are automatically affiliates of CoPSO. We are recognised as the representative, professional voice of the search sector within Government departments and agencies, Parliament, and other relevant organisations. We work hard to promote property search organisations – and in particular to dispel any artificial distinction between searches produced by local authorities and our members. CoPSO will tackle any situation or issue which we believe acts or would act to the detriment of a healthy competitive search market place. We will, for example, take to
task any data holders who do not comply with the Environmental Information Regulations. Equally, we will act to make sure that search providers, whether private or public sector, have all required licenses in place (such as Ordnance Survey mapping licenses) and that, in the case of Local Authorities, they are charging VAT on commercial activities. Our commitment is to a level playing field on which all search providers can compete. One particular issue that CoPSO is engaged in at present is the Land Registry’s misguided intention to centralise the Local Land Charges Register. The Land Registry’s proposals would disturb the smooth operation of an efficient and competitive market place, create delays for homebuyers and result in higher costs from a position of being a monopoly supplier. This is not in the consumer interest and therefore we are intent that Clause 28 should be removed from the Infrastructure Bill currently passing through Parliament. www.copso.org.uk
“We are recognised as the representative, professional voice of the search sector”
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CONVEYANCING FOCUS: About Searches UK
YOUR SEARCH IS OVER! Searches UK. Who we are and what we can do for you Offering a comprehensive range of residential and commercial property searches in England and Wales, Searches UK is a first class provider of reliable and cost effective reports. With over 20 years’ experience in the property industry, our management team include Risk & Compliance Specialists, former Estate Agents, ex-Conveyancers and Practice Managers of solicitor practices. We believe in offering our clients a professional, hassle-free service. Not only will we provide the tools to help grow your business, we also aim to support you in any way we can. Our added value benefits include reimbursement schemes, legal compliance services, AML ID Checks, COLP and COFA Reporting Systems, Lawyer Checker services and Lender updates. At Searches UK we offer a range of benefits to support the growth and success of your business. For example, our new Account Plus scheme offers a variety of benefits in dealing with the management of your firm and providing effective tools to improve the way your business is run. Working in partnership with 360 Legal Group our clients will receive an exclusive suite of benefits, including helplines which are manned during regular office hours for any queries you may have, reviews of
your firm including strategic, compliance, corporate structure, tax and cost reductions. For ongoing training in the property industry there are annual forums held, CPD seminars and webinars as well as an annual conference hosted by 360 Legal Group; members of our Account Plus scheme will receive two free tickets to the CPD section of the conference. As a pioneer of the Legal Eye Quality Standard we understand the importance of best practice in today’s world of accountability and take our risk and compliance responsibilities very seriously. We actively embrace the culture which is fast becoming a requirement for any strong business to adhere to and offer all our clients access to material to help improve their risk and compliance practices and processes. Our own high standards have been recognised and we have been awarded the Legal Eye Quality Standard for a third consecutive year, the first assessment of its kind to address those rules and regulations which are over and above the traditional quality standards. As part of our commitment to achieving best practice and performance in all that we do, we carry out a thorough internal audit every quarter to ensure that we are meeting the high standards that we have set ourselves.
“We believe in offering our clients a professional, hassle-free service” Searches UK is registered with the Property Codes Compliance Board (PCCB), is a subscriber of the Search Code, a member of the Council of Property Search Organisations (CoPSO) and a member of The Association of Independent Search Agents (IPSA). • £2 million PI insurance cover with Hiscox • £2 million specialist search insurance with First Title • Competitively priced searches and services • No annual fees to hold an account with us. It is important for Searches UK to offer complete reassurance and transparency to our clients, therefore we work in partnership with Checkaprofessional.com to allow our clients to leave honest feedback on how they are performng. Our average overall score, which covers professionalism, quality of service, advice, communication and customer service, is 9.9 out of 10. To enquire about any of our products and services please contact us via email at info@searchesuk.co.uk or visit our website at www.searchesuk.co.uk. Alternatively, if you would like to speak to a member of our team please call 0845 241 1815.
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CONVEYANCING FOCUS: Checkaprofessional
KEEPING CHECK Sister site to widely-used Checkatrade, Checkaprofessional provides independent and impartial information about trustworthy professionals in your area Do you research a product or service before purchasing? This is exactly what your clients are doing too… They want to find out about you, your service and what your previous clients are saying about you before committing. Checkaprofessional gives potential customers the opportunity to check your company out completely independently. Using client feedback about your services and skills has always been valuable, but with online focus playing an ever bigger role in people’s lives, it has now become crucial to your business and how you run it. Give clients the independent reviews they need: You only have to look at the travel, business or online auction sites and, of course, the trade industry, to know that, for many consumers, being informed by `feedback` before buying is now considered essential.
This trend has sky-rocketed because online, `word of mouth` comment has become easy to place and almost instantly accessible. Over the coming years, it will become common practice for prospective clients to be looking for third party, completely independent reviews. Checkaprofessional.com has witnessed this growing change in clients searching their growing website, and has extensive knowledge of how people search from their popular sister site Checkatrade.com. Get the benefit: The benefits of participating in this growing trend are very clear. Register with Checkaprofessional to drive new business to your company. For more information about registering your business visit: www.Checkaprofessional.com Freephone: 0800 093 8414
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Today, clients are looking for an informed choice when choosing a legal service and Checkaprofessional’s new online service is providing just that. The Checkaprofessional website will give instant access to all legal service providers who have agreed to be vetted by us and continuously monitored by their clients, who can post verified feedback on the site. It will provide a FREE one-stop shop to finding the right legal professional for a client’s particular needs. Find out about the unique advantages Checkaprofessional membership could provide for your online marketing.
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TAILORED FINANCIAL SOLUTIONS EXCLUSIVE TO LEGAL PROFESSIONALS AND LAW FIRMS
Wesleyan provides tailored financial planning and advice exclusively to legal professionals. Our Financial Consultants have specialist knowledge of the legal profession, providing financial solutions specifically tailored to meet the needs of individuals working in law and law firms. We provide a full range of financial solutions, so wherever you are in your career, Wesleyan can help.
Providers of specialist financial advice and solutions: Investing for the future
Financial protection & planning
} Retirement planning
} Income & mortgage protection
} Savings & investments
} Partnership protection
} Education fees planning
} Professional Indemnity Insurance (PII)
} Inheritance Tax planning
} Life insurance
Cash flow
} Critical illness cover
} Mortgages
} Home, motor, travel & office insurance
} Partnership & personal loans
} Succession planning
} Funding for law firms
} Auto enrolment of staff into pensions
Advice is provided by Wesleyan Financial Services Ltd. ‘WESLEYAN’ is a trading name of the Wesleyan Group of companies. Wesleyan Financial Services Ltd (Registered in England and Wales No. 1651212) is authorised and regulated by the Financial Conduct Authority. Wesleyan Bank Ltd (Registered in England and Wales No. 2839202) is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register No.165116). Wesleyan Financial Services Ltd and Wesleyan Bank Ltd are wholly owned by Wesleyan Assurance Society which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Incorporated in England and Wales by Private Act of Parliament (No. ZC145). Registered Office for all of the above Group companies is: Colmore Circus, Birmingham B4 6AR. Telephone calls may be recorded for monitoring and training purposes. WFS-PRES-61 05/14
CONVEYANCING FOCUS: GroundSure
A KNOTTY PROBLEM Japanese Knotweed has become a problem in UK property transactions… Japanese Knotweed (Fallopia japonica) is one of the most invasive plant species in Britain. It is a hardy, bamboo-like perennial plant that, although quite attractive on first glance, is highly aggressive and destructive. It has been known to block footpaths, grow through concrete, damage tarmac, flood defences and homes.
Japanese Knotweed was originally introduced by botanists in the mid-nineteenth century and has now spread to such an extent that it is present in almost every 10km × 10km grid square in the country. It grows as much as 20 centimetres per day in any type of soil, and can reach a height of up to 3 metres in a few months. Even though it does not produce viable seeds in the UK, its spread is almost unstoppable as it grows through rhizomes fragments (underground root-like stems that can be as small as a few millimetres), making it extremely difficult to fully remove once established. Individual plants can cover several square metres due to their extensive underground rhizome network, which is hard to eradicate with standard herbicide treatment. Treating an infestation of just a few small square metres can cost £5000-£10,000 or more, especially if a quick solution or complete rhizome excavation is required. Larger infestations, and particularly those that require offsite disposal of significant volumes of controlled waste, are likely to cost tens to hundreds of thousands of pounds to be effectively dealt with. Given its virulence and the cost of eradication, it’s not hard to see why Japanese Knotweed
has become a major issue in property transactions. In the last few years lenders have become particularly aware of and sensitive to the issue, and many have formalised their secured lending decisions concerning property affected by Knotweed infestations. On occasion, this has resulted in mortgage refusals as the risk has been deemed too high. Back in 2012 The Guardian reported the story of Mr Gingell, whose house sale fell through two weeks before the exchange date due to the presence of a 3cm high Japanese Knotweed plant found in his back garden. In an attempt to counteract the rising concerns over Japanese Knotweed and its effects, the RICS (Royal Institution of Chartered Surveyors) guidance paper, completed with the support of the Property Care Association (PCA) Invasive Weeds Control Group, was published in March 2012. This has generally led to an accepted situation where lending will likely be agreed where a suitably robust Japanese Knotweed remediation programme is established and a ten year insurance backed guarantee is in place. Despite this, it is widely reported that lenders are still seeking a 15% to 20% diminution in property value where such remediation schemes are in progress.
So what is your responsibility as a solicitor or conveyancer if you find Japanese Knotweed on your client’s property? It is not yet an offence to have Japanese Knotweed on land and there is no legal obligation to remove it or notify anybody. However, allowing Japanese Knotweed to encroach onto a neighbour’s property/land may constitute
a private nuisance under common law, potentially resulting in an injunction requiring your client to abate the nuisance. So, while the removal, eradication and disposal of Japanese Knotweed can be expensive, given the potential costs associated with legal action, repairs and diminished property value, the most cost-effective approach is often appropriate removal and disposal by licensed contractors.
“It’s not hard to see why Japanese knotweed has become a major issue in property transactions” Recently, the Law Commission review of wildlife law in England and Wales concluded that the existing legislation is not sufficient to control and eradicate invasive non-native species. The Infrastructure Bill will amend the Wildlife & Countryside Act 1981. A new Schedule 9A will be inserted into the Act to empower environment authorities to enter into “species control agreements” (SCA) with owners of premises where the authority considers that an invasive non-native species is present. Further powers will be given to the environment authorities to make species control orders (SCO). If the owner of the premises has failed to comply with or agree to an SCA, the authority can make an SCO. This can require the owner to carry out species control operations or can allow the authority itself to do so. If you are interested in learning more about the identification, reporting and/or remediation of this invasive plant please request a copy of A Definitive Guide to Japanese Knotweed from www.groundsure.com
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CAREER LADDER Andrew Stenning, Managing Director of Searches UK tells us about his career journey
HOW LONG HAVE YOU BEEN IN THE SEARCHES BUSINESS? I set up Searches UK in 2008. Searches UK provide solicitors and conveyancers with a full range of residential and commercial conveyancing searches which are required on property transactions. WAS THIS YOUR FIRST CHOICE OF CAREER? I have always been involved in the property/ legal arena. When I left school I worked in estate agency for 12 years before deciding to join a firm of solicitors, which also involved speaking to and working with estate agents. It was whilst working here and seeing the speed and service of search companies that I decided to leave and set up my own search business with the vision of enhancing the search proposition for solicitors and conveyancers, and ultimately benefitting the property purchaser(s). Having an insight into various areas of the property industry has allowed me to model Searches UK on my experience, which benefits everyone involved. YOU ARE THE BOSS! WHAT DO YOU LOVE OR HATE ABOUT THAT? I love Searches UK and love and value the fantastic team that I work with. I strongly believe that happy staff means happy clients, and I do feel we have the best team in the search industry. All of our staff love, yes, I mean love, what they do. They enjoy coming to work and enjoy working with our clients. It really doesn’t get better than that.
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DO YOU BELIEVE IN HAVING FUN WITH YOUR STAFF? Yes, I do. As well as attending various events, including the Sussex Business Awards, Law Society dinners and estate agents balls we arrange team-building activities, meals out, nights out and more. I like to reward the team for the effort and hard work they put into the business.
accredited by CoPSO (Council of Property Search Organisations), follow the Search Code and additionally have gained (for 3 years running) the Legal Eye Quality Standard. DESCRIBE A TYPICAL DAY AT WORK FOR YOU. My days vary. I spend a large amount of time seeing clients around the country, attending conferences and seminars, helping out in the office, ensuring the staff are happy, and so on. No day is the same, and I love that! WHAT DO YOU ENJOY MOST ABOUT YOUR JOB? I enjoy working with a fantastic bunch of people and am so proud to have them working WITH me at Searches UK.
WHAT WAS YOUR FIRST JOB? I liked to work when I was young so that I could earn money for things like a ZX Spectrum! My first job was a morning paper round; I then also added an evening paper round, and then thought I could squeeze in a Saturday job, so got a job washing cars at a car showroom in Lancing! DID YOU NEED QUALIFICATIONS FOR YOUR PROFESSION? My background in the property field has given me a very good understanding of the business. As a company, Searches UK are
IS NETWORKING IMPORTANT FOR YOUR BUSINESS? Yes, networking is a very important part of the business, and as a company we spend a lot of time attending various events, breakfast clubs, seminars and conferences around the country. WHAT DID YOU WANT TO BE WHEN YOU GREW UP? Whilst at school I wanted to be a travel agent. I don’t think this was to do with working in a local shop, but more to do with getting cheap holidays!
CONVEYANCING FOCUS: Financial Opinion
INVESTMENTS AND PENSIONS
ARE YOU AN ORPHAN CLIENT? Claire Cook from Independent Financial Advisors Talk Money looks at how to make investments work for you
If you have investments or pensions, are you truly receiving the help and support you believe you need? Many people tell me they have difficulty speaking to their adviser; perhaps they are being passed from person to person, or maybe after time they have lost track of the person who originally advised them. If you have life policies, pensions or investments, normally the provider will have a note of the adviser who arranged it. Sometimes you may have arranged plans through various advisers throughout time and have several companies linked to your policies. If your adviser has stopped trading there is an actual term; you could be an orphan client. If this is you, who do you approach for help when you need it? Things can become very disjointed; often it is only when something changes that people want to put the whole thing together and take stock. This could be at a time of a life change, such as retirement or moving house. Whatever the case, it is normally wise to try and get a coherent view of your finances. It is also important to have a central place you can go to for advice from someone who can see your whole situation, something we can now do at the touch of a button. At Talk Money our systems can keep all of your investments and plans listed in one place, keep track of your funds and calculate exactly what you have invested in different areas, what risk level you are taking, and whether you are exposed to one area in
“I believe one of the most important things is good service. In today’s world of phone queues and automated messages, to be able to pick up the phone to someone is invaluable”
particular. For example, you may have several investments and don’t realise much is invested in, for example, equities, or property. When investing, we believe it is important to diversify your investments; this means that you would be invested in several different areas. The systems can now monitor this and give an overall view across all of the investments and pensions you have. In essence, the systems now can give a very clear overall view of your finances. Your funds can be diversified, reviewed and managed more easily than in the past. Not only do we monitor the performance but also the risk profile to make sure it stays at the right level for you. If you like to go online, you can check the values, keeping you in much better contact with your money. Apart from all of this, I believe one of the most important things is good service. In today’s world of phone queues and automated messages, to be able to pick up the phone to someone who knows you, understands your situation and can deal with all your investments in one place is invaluable. For a free initial consultation and independent advice on any financial matter please call me, Claire Cook, on 01273 224667. I would be very happy to assist. Talk Money is a trading style of Aspect 8 Ltd, an appointed representative of Best Practice IFA Group Ltd, which is authorised and regulated by the Financial Conduct Authority. The value of investments can fall as well as rise and you may not get back the amount invested.
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