Mark Smith (Barrister-At-Law)

Registered with Property118.com
Wednesday 27th November 2013


Latest Comments

Total Number of Property118 Comments: 226

Mark Smith (Barrister-At-Law)

9:10 AM, 1st March 2020
About a month ago

Which Solicitor is responsible for not recognising restriction on property?

“I have a restriction on a property as security against a loan lent to a property Director of a Company”
1. A loan is secured by a charge not a restriction. This loan is therefore unsecured.
2. A restriction on an asset owned by a company will not secure a loan to a director in his personal capacity.
3. If a restriction is lodged it will be evident from any LR search.
4. If the loan is to the director personally then it is not a company debt and cannot be enforced against a company asset. A company is a separate legal entity and its property belongs to it, not its directors.... Read More

Mark Smith (Barrister-At-Law)

22:15 PM, 26th February 2020
About a month ago

Multi-Sale SDLT?

Happy to advise and point your accountant/ conveyancer in the right direction... Read More

Mark Smith (Barrister-At-Law)

18:02 PM, 26th February 2020
About a month ago

Differences of opinion - What do you think?

What is not evident from the material on p118 and the consultations is that there is quite often a debate between one or more of the consultants and me before we arrive at a settled position. It makes all our work robust when it is thought about by several experienced heads before being rolled out.... Read More

Mark Smith (Barrister-At-Law)

12:30 PM, 13th February 2020
About 2 months ago

Can beneficial ownership be claimed without the paperwork?

A deed or declaration of trust cannot be backdated BUT if there is evidence that a bare trust was intended to be effective from a date earlier than the date of execution then it will run effective from that earlier date.... Read More

Mark Smith (Barrister-At-Law)

14:12 PM, 8th February 2020
About 2 months ago

Are fines to landlords disproportionate to the crime?

Comparing this fine to those handed down for health and safety breaches where serious injury or environmental harm is caused show just how unjust it was, and how important it is to structure a business as robustly as possible... Read More