The recent judgment in Mazur & Anor v Charles Russell Speechlys LLP has recently caused a stir amongst the legal profession regarding who is eligible to conduct litigation under the Legal Services Act 2007 (LSA 2007). But what about other reserved legal activities and the preparation of deeds?
Preparation of Deeds
Under the LSA 2007, preparing any instrument of transfer or charge for the purposes of the Land Registration Act 2002, or making an application or lodging a document for registration under that Act is a reserved legal activity. Only authorised or exempt persons are permitted to carry out such work.
Generally, only solicitors, barristers, licensed conveyancers, and CILEX property practitioners are authorised to prepare deeds, including:
- Transfers of land.
- Leases and tenancies.
- Deeds of surrender;
- and to lodge those with HM Land Registry.
Anyone who is not entitled to carry out that activity will be committing a criminal offence under the LSA 2007 and potentially liable to fine or imprisonment. So, what documents are surveyors lawfully permitted to prepare?
FBT Exemption for Surveyors
A limited exemption under the LSA 2007 exists for Fellows of the Central Association of Agricultural Valuers, or Members or Fellows of the Royal Institution of Chartered Surveyors.
These professionals are able to prepare any instrument which creates, or which they believe on reasonable grounds will create, a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995, or any instrument which relates to an existing farm business tenancy.
This exemption is strictly limited to farm business tenancies.
However, surveyors can also prepare a contract for a short lease for a term not exceeding three years at the best rent, as this is not a reserved legal activity.
How We Can Help
Real value can be attributed to a carefully prepared deed, taking into consideration the client’s needs and priorities. That value is especially apparent should a dispute later arise between the landlord and the tenant and any deed or lease needs to be scrutinised.
Contact our Rural team should you require any assistance with the drafting of any deeds or leases. Or, if a dispute has already arisen between a landlord or tenant, our Property Litigation team have expertise in resolving such disputes.