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Conveyancing conditions related indemnity covenants
SC 4.6.4 and SCPC 6.6.4 have provisions for indemnity covenants. When a seller enters into a covenant-either positive or negative, he is bound by it, even after the property is disposed. He is however not liable if the wording in … Continue reading
Deposit amount in property transactions
It is customary for the buyer to pay 10% of the purchase price as deposit. Although this is not required by law, it is common for buyers to pay deposit to assure the seller that he is committed to purchase … Continue reading
Compensation for delayed property sale completion
It is common for the draft to include compensation in case of delays caused by either party to the contract. SC 6.1.2 and SCPC 8.1.2 state that if the money is received after 2.00 pm, then for the sake of … Continue reading
Special conditions about date and time for property sale completion
Conveyancing solicitors seek instructions from the client to know his wish for fixing the date of completion of the conveyancing transaction. But, such a date cannot be fixed until all other issues are sorted out; hence it is common for … Continue reading
Importance of possession details in property sale contract
The conveyancing solicitor in charge of drafting the contract will have to make a mention about the possession details, i.e. if they are in vacant possession or if it is subject to occupational leases. These are to be mentioned through … Continue reading
Property sale contract – special conditions and deduction of title
The draft should also include what documentary evidence of title the seller should provide. This is laid down in SC 4.1 and SCPC 6.1. However, in practice such a provision is relied upon only when the seller has been unable … Continue reading
All you need to know about property title guarantee
Inclusion of a few words and phrases can ensure that the buyer gets the benefit of a few implied covenants under the Law of Property (Miscellaneous Provisions) Act 1994. The phrase, ‘the seller sells with a full title guarantee’ indicates … Continue reading
Drafting special conditions in property sale contract
It is up to the seller’s solicitor to decide on the special conditions that are needed when drafting the contract. The following are the areas to be considered: The seller’s duty of disclosure Incumbrances A seller’s conveyancing solicitor is ideally … Continue reading
Special and standard condition in conveyancing
This article discusses the purpose of special condition and the steps to be taken when these conditions are in conflict with standard conditions. The purpose of special conditions Special conditions are drafted in instances where the terms particular to a … Continue reading
Significance of standard conditions in property sale contracts
The contract should also include the conditions that explain the terms of the sale. The following article explains the different provisions in the SC and SCPC. Most conditions that are needed in a contract of sale are similar and hence … Continue reading
What are ‘The Particulars of Sale’ in conveyancing
All details related to the sale must be expressly stated in the contract. This includes a description of the land intended to be sold, the physical boundaries of the land, references related to easements and covenants intended for the enjoyment … Continue reading
Main elements of a property sale contract
Under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, the sale contract should be signed by all parties to the contract and should include all terms agreed upon by these parties; either expressly or must be implied … Continue reading
Who all are eligible to enter into a property sale contract?
Even before drafting the document, the seller’s conveyancing solicitor should have ascertained that the entire property intended to be sold, indeed belongs to the seller. Only sole owners who own the whole and equitable interest in the property can sell … Continue reading
Sale conveyancing: drafting the contract
Drafting the contract is undoubtedly a very important task assigned to the seller’s conveyancing solicitor. He has to ensure that the entire draft is carefully worded, so as to avoid further complications and that no points are omitted. A well … Continue reading
Conveyancer’s examination of property search results
Upon receipt of all search results the conveyancing solicitor should carefully look and determine if the information provided is in conformity with the client’s instructions. Replies that are not clear should be rechecked with the concerned personnel (including the seller … Continue reading
Less usual property searches in conveyancing
The features of the property and its location may sometimes indicate the need for unusual searches. It is the duty of the buyer’s conveyancing solicitor to take note of these factors and advise such searches. This is because a buyer … Continue reading
Inspection of property by conveyancing solicitors
Although the conveyancing solicitor is not under an obligation by the law to carry out such an inspection in every transaction, the conveyancer should do it if the client asks for one, or if issues reported to the client indicate … Continue reading
The significance of Chancel Repair Searches?
Chancel repairs can be expensive; hence it makes sense to establish if the property is under liability to bear costs for chancel repairs. Deeds, records, or questions raised directly to the seller should help to ascertain if chancel repair liabilities … Continue reading
What are Environmental Searches?
Environmental search is an important search and may even affect the prospective buyer’s decision to proceed with or withdraw from the deal. Thanks to increased awareness, environmental safety has become a major issue in recent years. Such issues play a large … Continue reading
What are Water and Drainage Searches
Information regarding water and sewerage was once available with the local authorities, but it is now obtained on an application made to the water service company that serves the property. Such an enquiry should be made in every transaction, as … Continue reading
All you need to know about pre-contract searches
Pre-contract searches/enquiries are conducted to elicit information that cannot be deduced from the documents provided by the seller or his estate agent. This article discusses the need and the method of gathering such information, and the liability in the case … Continue reading
All you need to know about Enquiries of Local Authority
It is important that an enquiry of Local Authority must be made for every transaction by submitting a form (CON29R) to the concerned unitary, district, or London Borough Council where the property is located. If the search is made by … Continue reading
Different searches in a property conveyancing transaction
The following are the searches that are considered usual and should be done for all transactions: a) Search of the local register b) Enquiries at the local authority c) Pre-contract enquiry with the seller d) Water and Drainage enquiry e) … Continue reading
Why make searches and enquiries when buying property
A seller has limited responsibility with respect to disclosing certain matters such as physical defects, authorised use of the property for planning purposes etc. It is the duty of the buyer’s conveyancing solicitor to advise his client on all matters … Continue reading
What is National Land Information Service?
This article explains the role of the National Land Information Service in facilitating online conveyancing. The buyer’s conveyancing solicitor should make the necessary search applications as soon as his firm is hired to carry out the conveyancing process. Some government … Continue reading
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