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Raising requisitions if issues found in the property title
When the buyer’s conveynacing solicitor detects problems in the title, he should raise requisitions on title to the seller. This article explains the correct procedure to raise such requisitions. The requisition should be raised along with a request for a … Continue reading
Verification of property title when buying a property
It is the primary responsibility of the buyer’s solicitor to check and verify the title provided by the seller against the original deeds. In a registered land, the true state of the Register can be obtained by the buyer when … Continue reading
Transfer deed in conveyancing transaction
A conveyancing solicitor undertaking a conveyancing process for a buyer should check that all deals and documents have been properly executed. Transfer of a legal estate is usually done through a deed. This article deals with the requirements necessary to … Continue reading
Things to know when buying a property with restrictive covenants
What happens when you buy a property that has covenants imposed on it? This article helps buyers who have purchased a property with a covenant that restricts its use, the implications of a breach, and the options available to those … Continue reading
UK laws related to property sale/purchase at an undervalue
This article discusses the processes involved in buying a property that was earlier sold at an undervalue or for no consideration. It also explains the rights of the buyer who has purchased such a property. The buyer should ascertain if … Continue reading
Power of Attorneys in property transactions
This article discusses the impact of a power of attorney on a property transaction. It discusses about the different types of power of attorneys, the method by which it is revoked and the procedure required to be followed by the … Continue reading
Title investigation of property sold on discharged mortgages
This article discusses the procedures required to be followed by the buyer when buying a property sold by a lender. Title investigation of registered land sold on discharged mortgages Once the mortgage on the concerned registered land is discharged, the … Continue reading
Title investigation of property sold by disposing lenders
A lender is authorised under the law to recover the money owed to him by the mortgager. However, there are several procedures before this could be done. The following article discusses this in brief and also explains the procedures required … Continue reading
Title investigation of property sold by co-owners
Co-owners hold a land under a trust. The following article explains about the process of investigation when the buyer buys land owned under a trust. It includes about procedures in registered as well as unregistered land. Title investigation of registered … Continue reading
Title investigation of property sold by personal representatives
This article discusses the power of personal representatives to undertake a conveyance of sale. It discusses issues that cause a title to become less than satisfactory and remedies available to the buyer. General A power representative has the same power … Continue reading
Title investigation of property owned by trustees
A detailed study of the official copies of entries in the Register and the title deeds are likely to reveal any problems. The following article considers these problems and the manner in which they can be solved. While studying the … Continue reading
Investigating property title of an unregistered land
This article discusses the process of investigating a title in the case of an unregistered land. It explains in brief about the events that trigger a first registration, the method of investigating an unregistered title, etc. An investigation of an … Continue reading
Why is it important to investigate a property title?
Investigation of a property title is one of the most important aspects of a conveyancing transaction. This article aims to help a conveyancing solicitor in investigating the title. It also discusses about the reasons for doing so. Basically, the form … Continue reading
Investigating property title of a registered land
The title in a registered land should be investigated thoroughly. This article explains the different aspects involved in the investigation process including checking the property register, the proprietorship register, the charges register, etc. There are two ways by which a … Continue reading
Deduction of unregistered property title to prove ownership
Method of deduction for unregistered land – epitomes and abstracts There are two acceptable formats to help a seller in the deduction of land, viz. epitome and abstracts. The following article explains these formats in detail and also explains the … Continue reading
Deduction of property title: seller’s obligation to prove land ownership
The phrase ‘deduction of title’ refers to a seller’s obligation to prove his ownership in the land he intends to sell. Such an ownership is proved by producing documents that are evidence of the title. Time for deduction The following … Continue reading
Sale/Purchase conveyancing: what solicitors do after receiving instruction?
For the Seller There are several things that a seller’s solicitor should obtain once a sale conveyancing instruction is received from a property seller. This article explains them in detail. Obtain title deeds and documents The seller’s conveyancing solicitor should … Continue reading
Conveyancing instruction and following procedures
It is important that an interview is conducted between the client and his conveyancing lawyer so that all issues related to the purchase are discussed thoroughly. The following article discusses the issues that are to be dealt with after the … Continue reading
Liabilities of a property surveyor
Under S13 of the Supply of Goods and Services Act 1982, a surveyor is duty bound to ensure that the survey is carried out with reasonable care and skill, failing which he is liable for compensation. Thus, when a client … Continue reading
Situations when a full property survey is required
Sometimes a full property survey is absolutely important, especially in the presence of one or more of the following conditions: a) The property is of high value b) It is more than 100 years old c) It is not a … Continue reading
Home buyer’s valuation and survey report
The Home Buyer’s Valuation and Survey Report is ideal for buyers who cannot afford a full survey, but would like to opt for something more reliable than the valuation report presented by the lender. A lender instructs his valuer (albeit … Continue reading
What is a property survey and when is it needed?
Caveat emptor is a principle applicable in the sale and transfer of property. Thus, buyers often commission an independent survey to authenticate the claims made by the seller regarding value, area, etc. The following article discusses about the reasons, types, … Continue reading
Fixtures and fittings in conveyancing process
Although it is important to make a distinction between fixtures and fittings, doing so can be difficult. The following article explains the influence of this distinction in determining its ownership. Fixtures are considered to be a part of the land … Continue reading
Guidelines for conveyancing solicitors when representing joint buyers
There are several legal aspects to be considered when a property is purchased by two or more people. This article details the steps to be taken by a conveyancing solicitor when such a situation arises. If a property is to … Continue reading
Different types of residential mortgages
The two main types of mortgages include repayment and interest only, although different lenders have come with different names to their various loan packages. Repayment Mortgage This is by far the most popular and straightforward type of mortgage available. The … Continue reading
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