2.1 Introduction 2.2 Title documentation 2.3 The register 2.4 Applications to the Land Registry 2.5 Rights of third parties 2.

Transcription

1 Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: An Introduction to Conveyancing 1.1 Introduction 1.2 Types of conveyancing transaction 1.3 Ownership of land Land and other property Estates and interests in land Legal estates Interests in land Co-ownership 1.4 The two systems of conveyancing Determining whether land is registered or unregistered Unregistered conveyancing Registered conveyancing Registration of land General features of the registered conveyancing system 1.5 Overview of a conveyancing transaction Pre-contract work Exchange of contracts Post-exchange/pre-completion work Completion Post-completion Summary diagram 1.6 Important general points SRA Code of Conduct and SRA Handbook Acting for more than one party in a single transaction Costs and client care Contract races Money laundering 1.7 The Law Society Conveyancing Protocol (LSCP) 1.8 The Conveyancing Quality Scheme (CQS) 1.9 Case management systems 1.10 Summary Chapter 2: Registered Land 2.1 Introduction 2.2 Title documentation 2.3 The register 2.4 Applications to the Land Registry 2.5 Rights of third parties 2.6 Summary Chapter 3: Taking Instructions for a Sale and Purchase 3.1 Introduction 3.2 Energy Performance Certificates (EPCs) EPCs and the Green Deal i

2 3.3 Acting for the seller Taking initial instructions Preliminary work for the seller 3.4 Acting for the buyer Taking initial instructions Funding issues Advising joint buyers Surveys Preliminary work for the buyer 3.5 Case study 3.6 Summary Chapter 4: Steps up to Exchange of Contracts (1) Preparation of the Contract 4.1 Introduction 4.2 Obtaining the title deeds 4.3 Checking the seller s title 4.4 The form and content of the contract of sale Contents of the contract of sale for registered land The Standard Conditions of Sale (SCS) Special conditions Title guarantees 4.5 The deposit 4.6 The pre-contract package Contents of the pre-contract package Additional pre-contract information where the Protocol is being used Sending the package to the buyer s solicitor 4.7 Case study 4.8 Summary Chapter 5: Steps up to Exchange of Contracts (2) Pre-contract Searches and Enquiries 5.1 Introduction 5.2 Pre-contract searches Making searches through the National Land Information Service (NLIS) The local search LLC1 and CON CON 29DW standard drainage and water enquiries Commons registration Coal mining search Other specialist searches including flood searches Environmental searches Chancel repair liability search Search of the index map Physical inspection 5.3 Pre-contract enquiries Evaluating information already provided Evaluating information from the pre-contract package Where the information has not yet been provided The property information forms Replies to the enquiries ii

3 5.3.6 NHBC agreements Introduction The nature of the NHBC scheme The Buildmark scheme The procedure and documentation 5.4 Case study 5.5 Summary Chapter 6: Steps up to Exchange of Contracts (3) Investigation of Title 6.1 Introduction 6.2 Land Registry entries and title plans 6.3 Title checks The property register The proprietorship register The charges register 6.4 Information from pre-contract searches and enquiries 6.5 Title reports 6.6 Case study 6.7 Summary Chapter 7: Exchange of Contracts 7.1 Introduction 7.2 Matters to check before exchange Matters to be checked by the buyer s solicitor Matters to be checked by the seller s solicitor 7.3 Methods of exchange 7.4 Linked transactions simultaneous exchange 7.5 Issues to be addressed on exchange 7.6 Case study 7.7 Summary Chapter 8: Steps Between Exchange and Completion and Completing the Transaction 8.1 Introduction 8.2 The buyer s solicitor raises standard form requisitions 8.3 The seller s solicitor replies to the requisitions 8.4 The buyer s solicitor drafts the purchase deed 8.5 The seller s solicitor approves the draft transfer 8.6 Remaining work for the buyer s solicitor prior to completion 8.7 Remaining steps for the seller s solicitor prior to completion 8.8 Completion Introduction Final document check Methods of completion Methods of transferring funds on completion Completion in linked (chain) transactions Informing the clients of completion 8.9 Case study 8.10 Summary iii

4 Chapter 9: Post-completion 9.1 Introduction 9.2 Steps following completion Steps for seller s solicitor Steps for buyer s solicitor 9.3 Stamp duty land tax 9.4 Change of ownership at the Land Registry The importance of registration How land is registered Land Registry early completion policy 9.5 Remaining steps 9.6 Case study 9.7 Summary Chapter 10: Acting for a Mortgage Lender 10.1 Introduction 10.2 Duty of the buyer s solicitors 10.3 Acting for the buyer and the mortgage lender 10.4 Background to a mortgage advance 10.5 Types of mortgage Repayment mortgage The mortgage protection policy The endowment mortgage The pension mortgage Interest-only mortgages 10.6 Acting for the seller and redeeming a building society mortgage 10.7 Acting for the buyer and the lender 10.8 The mortgage deed 10.9 Second and subsequent mortgages Remortgages Summary Answers to Self-assessment Questions Appendix Index iv

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