The very nature of standard practice, and current conveyancing procedure, is that it changes over time. What was once considered normal practice will not remain that way forever. Public perception changes. Parties sue each other and case law creates new precedents, breaking from what was the norm.
How Did We Get Here?
A Conveyancer can only do what the client asks of them. We are required to follow a client's instructions, whether we agree with them or not. We will always act within the law and in our client's best interests. To do otherwise would lead to a Conveyancer being struck off or penalised by our regulator.
Conveyancers do not make the law or have any say in it. The Government passes legislation after being publicly appointed. The public has plenty of opportunity to change legislation along the way and before it becomes binding.
If big business is the client and they instruct the Conveyancer to draft a Lease that falls within the parameters of the law, and follows current practice, those are the instructions we must follow.
The Law allows a developer to market a site with Leasehold houses rather than granting Freehold title. This may be frowned upon today but it used to be commonplace.
Our clients are the public, investors, businesses, companies and developers. We are where we are due to the same not due to the actions of Conveyancers.
NB: The buyer’s conveyancer always asks his client to read the documents and to sign them ONLY if the buyer understands and agrees the terms. The buyer signs of their own free will. If the buyer made a poor decision that is not his Conveyancer's fault and should not be laid at our door.
Instead of blaming Conveyancers perhaps the law should be changed. Of course it is much easier to blame a Conveyancer.
