In the process of property transactions, conveyancing is an essential legal service that involves the transfer of legal ownership of a property from one person to another. Conveyancing requires extensive legal and administrative formalities, which can be challenging for a layperson to navigate. That’s where conveyancers and conveyancing property solicitors come in; they are licensed professionals who specialize in property law and provide conveyancing services.

While both conveyancers and conveyancing property solicitors are qualified to provide conveyancing services, there is a difference between the two. A conveyancer is a specialist in property law who typically handles straightforward property transactions, such as the buying and selling of residential properties. In contrast, a conveyancing property solicitor is a qualified solicitor who specializes in property law and conveyancing but can offer more comprehensive legal services.

In this article, we will discuss the difference between conveyancers and conveyancing property solicitors, the services they provide, and how to choose the right legal professional for your conveyancing needs. Whether you are a first-time buyer or a seasoned homeowner, understanding the difference between the two and making an informed choice can help you save money and avoid legal complications.

Conveyancers

A conveyancer is a licensed professional who specializes in property law and provides conveyancing services. Conveyancers typically handle straightforward property transactions, such as the buying and selling of residential properties. Their fees are generally lower than those of solicitors, making them a cost-effective option for clients with straightforward transactions.

Conveyancers can offer various services, including:

• Conducting property searches and gathering information about the property
• Handling the exchange of contracts
• Transferring money between parties involved in the transaction
• Registering the property with the Land Registry

However, it’s worth noting that conveyancers do not typically provide the same level of legal expertise as solicitors. As such, they may not be equipped to handle complex legal issues that may arise during a property transaction. Nevertheless, conveyancers are highly qualified and experienced in property law and can provide efficient and cost-effective services for straightforward property transactions.

Conveyancing Property Solicitors

A conveyancing property solicitor is a qualified lawyer who specializes in providing legal services related to property transactions. Conveyancing solicitors have a more comprehensive range of services than conveyancers, as they are legally qualified and experienced in handling complex legal matters that may arise during the transaction process. As such, solicitors are typically more suitable for complex property transactions or those involving high-value properties. This also means that their fees tend to be higher than those of conveyancers.

• Services offered by conveyancing property solicitors generally include:
• Conducting title searches and verifying ownership details
• Drafting contracts and handling lease agreements
• Negotiating terms with buyers/sellers
• Advising on property law and legal issues
• Registering the transaction with the Land Registry

To see if a conveyancer is right for you, see muve.me.uk

Choosing the Right Legal Professional for Your Conveyancing Needs

When selecting a professional to handle your conveyancing needs, it is important to consider your specific requirements. For straightforward transactions, such as buying or selling a residential property, a conveyancer may be more suitable. On the other hand, if you are dealing with a complex property transaction or require additional legal advice regarding property law issues, then a conveyancing solicitor may be more appropriate.

It is also important to ensure that you select a qualified and experienced professional who can provide an efficient service at competitive rates. By researching your options carefully and comparing different providers’ credentials and fees, you can make an informed decision and find the ideal professional for your needs.

To find out how conveyancing solicitors can help you with a property transaction.

 

Shareholder conflicts can happen for a variety of reasons, including a dispute over the company’s management and direction, shareholders not doing their part or no longer working with the firm, personal issues affecting business relationships, conflicts of interest (lack of) dividend payouts, breach of a director’s service contract, or uncertainty about whether any or all members of the board are acting in the best interest of the company.

Often, disgruntled shareholders will try to take over the business for themselves or have the other members removed from the board.

Disputes frequently get worse as a result of the lack of early legal advice and the inability to understand which choices and tactics are best.

Expelling a partner

According to Crestlegal.com there are a few options available when expelling a partner from a partnership:

Check the Partnership Agreement

If a Partnership Agreement exists, it should provide partners guidance on how to handle any expulsion. In the absence of a formal partnership agreement, the Partnership Act 1890’s basic provisions may apply unless otherwise agreed by the parties.

There are no laws that enable a partner to be dismissed, so these clauses should be included in the partnership agreement explicitly (a compelling incentive not to wait until you lose your entire investment!).

If you don’t have an agreement in place, the legal position may be that the only way a partner can be removed is through the partnership’s dissolution.

This may not be what the participants want. A partnership agreement will give partners complete control over any exclusions without requiring them to go to the default position in the Partnership Act.  

Expelling a Partner

If you believe a partner should be removed from your firm, you must follow the partnership agreement and the expulsion clause meticulously. If it says that you must meet with the partner before any removal, for example, then you should do so.

Also, keep in mind that the expulsion of one partner effects the partnership as well, since you’ll need to handle the settlement of the expelled partner’s stocks, earnings, and equity. The terms of payment must be agreed, as must how the payment will be made if the collaboration is to continue.

Expulsion Clauses

Typically, partnership agreements include provisions regarding disputes and the resolution of conflicts. The first step in any dispute should be taken here. If there is no dispute resolution, a well-written partnership agreement will lay out the groundwork for how a partner may be kicked out.

The list includes:

• Criminal behaviour
• Insolvency/bankruptcy
• Material breach of the terms of the agreement
• Misconduct
• Dishonesty
• Permanent Incapacity

The withdrawal clause in the agreement should always describe how and when a partner will be kicked out. The usual procedure is for partners to receive a notice of expulsion, followed by a suspension period.

So, what are the common causes of shareholder disputes?

According to tremblylaw.com, the five most common shareholder disputes are:

Breach of the Shareholder Agreement

Breaches might be as severe as a shareholder selling their shares in violation of the agreement, especially if they do so to a rival or competitor. Other examples of breaches include one investor wanting to withdraw from the partnership against the will of other investors.

Disagreements Over Direction

This is a frequent cause of shareholder conflict, particularly in small family firms that are closely held. A decision to move the company in a new direction or even a choice to cease operations might trigger a shareholder protest. Other issues that could lead to disputes include firing or letting go of non-shareholder staff, major purchases or outlays of money, and selling or leasing property.

Fiduciary Misdeeds

Shareholders in privately owned businesses have a fiduciary duty to one another, regardless of whether they are working for the company. Shareholders are obligated at a minimum to deal with each other in an open and honest manner, with loyalty and candor. In dealing with minority shareholders, majority owners are particularly under an obligation to be candid and loyal.

Minority Shareholders Getting No Respect

Minority shareholders in private corporations face an uphill battle from the start since they own fewer shares than the majority owners and may have little power to effect substantial change.

However, many states recognize and protect minority shareholders’ rights, who are frequently excluded from managerial and decision making. Because the stock is not marketable to others, many minority investors may find that their investments are trapped and at the disposal of majority stockholders who have no interest in seeing them prosper.

Differences in Compensation or Contribution

Shareholder workers should be paid fairly and in line with their experience, training, and industry. When this does not happen, and employees are compensated at different rates for no apparent reason other than family connection, conflict will arise.

Differences in shareholders’ contributions, either financial or sweat equity, might also cause conflict, especially if one investor is perceived to be not giving their fair share.

How to deal with / avoid employee disputes in the workplace

Many disputes in the workplace originate from one of three points: personality clashes, misunderstandings, and management practices. If you want to deal with employee disputes effectively, it’s important to take a step back and examine the root causes of the issue before jumping into action. The following list outlines some potential causes for disagreements between employees that can be seen in any company:

Autocratic leadership. Employees in a company need to have an idea about the rules and policies that are being enforced, or else they will feel that they are being treated unfairly by management. If your employees don’t know what is expected of them, you’ll likely see greater rates of absenteeism, insubordination, rule-breaking, and turnover. Communication is a key part of any manager’s role – if you can’t communicate with your employees or make them comfortable with knowing what to expect from you, they won’t be as productive as they could be.

Be unrealistic about goals and deadlines. If you give an employee a goal that is too large, he will not only fail to accomplish it, but he will feel overwhelmed and resentful of management. If you give an employee a goal that is too small, she will feel unproductive and bored. Goals should be set at the right size so that employees are challenged to achieve them, but can still realistically do so within a reasonable amount of time.

Corporate bullying. Bullying in the workplace is a hot topic at the moment, and not one that usually resolves itself quickly. Although it can be difficult to spot in the moment, you should take a good look at any bullying behaviour from management towards employees. Bullying causes morale to drop and productivity rates to plummet. When employees feel bullied, they’re more likely to behave in ways that are detrimental to their own success and to the success of other employees.

Negativity. When negativity spreads like wildfire through your workplace, it can damage morale, productivity, and relationships between co-workers. You should make an effort to build positivity into your management style; be positive about the work that you do with your employees, and make a conscious effort to develop a positive relationship with all of your employees. Negative people don’t only affect the work environment—they also tend to bring others down, which can cause a ripple effect throughout an entire company.

Inconsistent enforcement of policies and rules. If you enforce a rule one way for one employee and another way for another employee, both employees will be confused about what is expected of them. It’s important to treat your employees equally and establish a more solid system for policy enforcement. If you change the way you enforce a rule from one day to the next, or if policies are enforced inconsistently even within your own department, then it means that something must be wrong with your system, and you should investigate what makes your method of enforcement so flimsy.

Unclear job expectations. If employees aren’t clear about what is expected of them, they will struggle to complete their jobs well; it’s as simple as that. This problem is especially common in small businesses where management practices are less defined than they would be in larger corporations. Make an effort to define the role of each employee within your company, and what you hope they will accomplish during their tenure with your business.

Stressful work environment. When employees are constantly stressed by work conditions, there’s generally a larger problem in management that needs to be addressed. An overly stressful work environment takes its toll not only on employees, but also on the work they produce. Establish clear company rules and enforce them consistently to alleviate stress levels among your staff members.

Being an absentee manager. A key part of being a boss is demonstrating that you are willing to get your hands dirty when necessary. If you hire someone because she needs help with a specific project or skill, then demonstrate that you are willing to help her accomplish the task. If she doesn’t ask for help, offer it anyway. There’s no harm in being an active manager—in fact, it will benefit both you and your employees in the long run.

Expecting too much from employees. When employers expect too much of their employees without providing additional support, it can make the employees feel overwhelmed and under-appreciated. If you ask too much of your employees without offering them substantial support, they won’t feel like they are being treated fairly or that what they are doing is meaningful or important.

Lack of open lines of communication. Employees who lack open lines of communication with their boss are employees who lack clear direction; employees need to be told what’s expected of them, and they need the chance to ask questions about their work. If you’re not open with your employees, then they will struggle to do even the most basic parts of their job.

Taking credit for other people’s work. Your company depends on all of the hard work that you and your employees put into it, so always give them credit for their accomplishments. If an employee does something great, don’t just pat yourself on the back—make sure they know how proud of them you are, and make every effort to acknowledge their efforts in front of customers or clients.

Employees who receive recognition and praise work harder and more productively. Give credit where credit is due, and make sure that your employees feel like they are making a difference in each project they complete for the company.

Favouritism . If you play favourites with your employees, it can make others feel undervalued and resentful; this will cause them to perform poorly, and could even lead to their quitting the company. Don’t play favourites, and don’t let your emotions dictate how you treat employees—instead, create a system of rewards for hard work that applies regardless of whom it is given to.

Lack of career development opportunities . If your employee isn’t growing in her position with your company, then she will consider you to be a bad boss; worse, she may choose to look for new employment elsewhere. Provide opportunities for professional and personal growth within your company, and make sure that employees know where they can go to keep moving towards their goals.