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Sale completion process of a mortgaged property
The lender has to be assured that the property on which the loan is advanced is worthy of the money advanced and that the money can be recovered from the borrower. This article discusses the process to be undertaken by … Continue reading
Buyer’s checklist prior to property buy completion
The following are the issues to be checked by a buyer’s conveyancing solicitor: 1) Make sure that the transfer deed has been approved and all requisitions are to his satisfaction. 2) Engross all transfer and mortgage deeds. 3) Arrange with … Continue reading
Seller’s checklist for property sale completion
The conveyancing solicitor for the seller has to make sure that: That the transfer deed has been approved and all requisitions have been answered. The transfer deed has been received from the buyer, and it has been executed (when appropriate) … Continue reading
Comparison of Land Registry and Land Charges Department Searches
OS1 or OS2 K15 This is made for registered land This is a form applicable on for transactions on unregistered land. A search is made against the title number of the land A search is made against the owner’s name … Continue reading
‘Priority period’ in land registry searches
This article discusses the relevance of priority periods granted by the official copies of the search certificates. Registered land The search certificate provided by the Land Registry is subject to a priority period of 30 days during which buyers are … Continue reading
What if search results are unsatisfactory to buyer’s conveyancer?
Unless results of all search results are obtained and are satisfactory to the buyer, the conveyancing solicitor cannot proceed with the completion. This article discusses about the procedure to be followed when search results are less than satisfactory. In most … Continue reading
Importance of local land charges search and enquiries
This article discusses the relevance and implications of conducting a local land charges search and other enquiries at the pre-completion stage. A search for local land charges are not usually conducted during the pre completion stage as they reveal the … Continue reading
Importance of Local land charges search and enquiries
This article discusses the relevance and implications of conducting a local land charges search and other enquiries at the pre-completion stage. A search for local land charges are not usually conducted during the pre completion stage as they reveal the … Continue reading
Enduring and lasting powers of attorney in property conveyancing
In the case of a transfer deed, a search should be made with the Office of the Public Guardian to check if the power of attorney is registered or is pending. In the case of an enduring power, if the … Continue reading
‘Company search’ in conveyancing transaction
As a part of the pre-contract searches, a company search is also made and information thus obtained is updated. Company search of unregistered land When a buyer purchases unregistered land from a company, or when it is known that the … Continue reading
What are Bankruptcy Searches and Form K15?
When a property is subject to a mortgage, the lender should make sure that a bankruptcy search has been made against the buyer before releasing funds. This article explains the process of conducting such a search. This search is also … Continue reading
The importance of Land Registry Searches
In the case of registered land, pre-completion searches are made at the Land Registry Office. This is done to check if further enquiries have been made on the register of title after the date of submission of official copies prior … Continue reading
The importance of pre-completion searches
This article explains the process to be undertaken at the pre-completion stage. It explains about people who are responsible for these searches, the reasons to do so, when to make them etc. Who makes the searches? It is the responsibility … Continue reading
What if plans are added in property sale contract documents
Sometimes plans are added as a part of the contract documents to provide a better explanation of the property. In such instances, the plan is also added to the transfer deed. This article discusses the process when plans are included … Continue reading
Importance of explaining property transfer terms to client
It is the duty of a conveyancing solicitor to explain to his clients regarding the nature and contents of the documents before submitting them for their approval/signature. He should also explain the consequences of such an approval. The letter enclosed … Continue reading
Execution and delivery of property transfer deed
In order to be considered valid in law, the deed should; Indicate very clearly that it is a deed. Be signed by the concerned parties in the presence of a witness. And be delivered as per rules provided in the … Continue reading
Verifying and agreeing the property transfer deed
In order to draft a transfer deed, the buyer conveyancing solicitor should have access to the following documents: The contract papers, so as to ensure that the draft reflects the terms of the contract accurately. The official copy entries or … Continue reading
Legalities regarding forms of the property transfer
As per LPA S52, the transfer must be effected through a deed to legally transfer the estate in the name of the buyer. It should put into effect the terms of the contract and should hence reflect the terms. The … Continue reading
Who drafts the transfer deed in conveyancing process?
The buyer’s conveyancing solicitor normally prefers to draft the transfer deed, but sometimes the seller may reserve the right to do so through an obligation enforced by the contract. This is usually done when the contract involves the sale of … Continue reading
Standard form requests for completion information
This article discusses about the standard form that is sent by the buyer’s solicitor seeking details prior to completion. A standard form containing commonly asked questions is available at most law stationers. This form contains administrative questions such as details … Continue reading
What do conveyancing solicitors do after contract is exchanged?
Once the contracts are exchanged, the buyer and the seller’s conveyancing solicitors will have to make arrangements for the completion of contract. Traditionally, this period was set as a time for investigation of title. But today, since investigation is completed … Continue reading
Interval between exchange and completion of property transactions
The period between exchange and completion ideally lasts for around four weeks. However, in most cases, clients want the contract to be completed as soon as possible after exchange. And in some cases, completion takes place simultaneously with the exchange. … Continue reading
Main steps in pre-completion stage of property purchase
Earlier, investigation and deduction of title was one of the main tasks to be accomplished between exchange and completion. However, it is now a universally accepted practice that the title shall be deduced during the pre-contract stage itself. Thus, this … Continue reading
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