Conveyancing

3 Matter Plans Included

ALERTS - Nil
Full Commentary - Sale of Land
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
- Article: The Leasehold and Freehold Reform Act 2024
- Enclosure - Conveyancing glossary
- Article: Climate Change Risks
- Article: A.I. v H. Sapiens
- Article: Commonhold revisited
Overview

Conveyancing is the process of transferring the legal ownership of land. It is a process which is not adversarial but is necessarily investigative in nature. Once an agreement is reached between the seller and buyer as to price and terms, the legal practitioner must document and effect the ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Summary of the process

The usual steps in acting for the seller on the sale of land are:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
A. Getting the matter underway
- E-conveyancing
  
  During the drafting of the Land Registration Act 2002 the Law Commission said:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Conveyancing Protocol
  
  In 1990 The Law Society introduced the Law Society Conveyancing Protocol. The protocol sets out preferred practice in residential conveyancing transactions of freehold and leasehold property. It has been regularly updated and has been adopted by most legal practitioners. The steps set out by the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to client with cost quotation
- File cover sheet - Sale of land
- To do list - Sale of land
- General considerations
- Retainer instructions - Sale of land
- Compliance documents
  - Client Due Diligence and Anti-money Laundering Guidance
  - HM Land Registry client identification safe harbour standard
    
    Practice guide 81: encouraging the use of digital technology in identity verification sets out what is regarded by HM Land Registry as the reasonable steps to be taken in meeting the safe harbour standard and discharging the practitioner’s duty to verify the identity of a party to a ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Client Details, Identity Verification and Source of Funds
  - Conflict of interest check
  - Client and matter risk assessment
  - If required - Reporting an issue
    
    Anti-money laundering internal disclosure
- Initial letter to client enclosing Client Care and Terms of Business and documents for signing
- Enclosures for initial letter to client
  - Client care information - Conveyancing
  - Terms of business
  - Scope of work - Sale of commercial property
  - A summary of the conveyancing process
  - Client Details, Identity Verification and Source of Funds
  - Sale questionnaire
  - Overriding interests questionnaire
  - Letter of authority to lender
  - Sellers' replies to standard additional enquiries
  - Law Society property information form (4th edition 2020 - second revision)
  - Law Society Property information form (5th edition) (2024)
  - Law Society fittings and contents form
  - Leasehold information form (4th edition) (2024)
  - Enclosure - Conveyancing glossary
  - Letter to client disclosing estate agent referral fee
- Initial letter to estate agent memorandum received
- Initial letter to buyer's solicitor advising we will forward the contract
- Title deeds
  
  HM Land Registry scans the original title deeds on first registration and returns them to the lodging party. Once a property is registered, the title deeds are no longer required as the register is the definitive record. If the seller of registered property has possession of the original title ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to client requesting title deeds
- Letter to client following up request for title deeds
- If required - Return of information
  - Letter to seller requesting return of documents
  - Letter to buyer's solicitor awaiting information from client
- If required - Acting for both parties
  - Letter to client when acting for both parties
  - Consent to same firm acting for all parties
- If required - Correcting an error on the title register
  - Letter to Land Registry with enclosure - General
  - Letter to Land Registry enclosing AP1 to change the register and supporting documents
  - Application to change the register
  - Letter to Land Registry requesting contribution to indemnity insurance policy
- If required - Powers of attorney and deputy court orders
  - Powers of attorney and deputy court orders
    
    Ordinary power of attorney Ordinary or general powers of attorney are deeds conferring authority under the Powers of Attorney Act 1971. The usual requirements for the execution of a deed apply. Execution must be in the presence of a witness, and delivery by the parties acknowledging that they ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Certificate as to execution of power of attorney (HMLR Rule 61 - Appendix A)
  - Statutory declaration as to non-revocation for powers more than 12 months old at the date of the disposition for which they are used (HMLR Rule 62 - Appendix B)
- Time and costs estimates
- If required - Letter to client varying the Client Care and Terms of Business
  - Letter to client varying the Client Care and Terms of Business
- General deeds, agreements, statements, declarations, consents, and execution clauses
  - Deeds and agreements
  - Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
  - Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
  - Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
B. Freehold, Leasehold and commonhold management
- Freehold
  - Letter to managing agent requesting freehold management enquiries
  - Freehold management enquiries
- Leasehold
  - Letter to freeholder requesting consent and leasehold property enquiries
  - Letter to landlord requesting consent and leasehold property enquiries
  - Letter to managing agent requesting consent and leasehold property enquiries
  - Letter to management company requesting consent and leasehold property enquiries
  - Leasehold property enquiries
  - Buyers leasehold information summary
- Commonhold
  - Letter to managing agent requesting commonhold information form
  - Letter to management company requesting commonhold information form
  - Commonhold information form
C. Sale bundle for prompt exchange
- Sale bundle cover page and index
- Contract incorporating the standard conditions of sale (fifth edition - 2018 revision)
- InfoTrack
- Epitome of title
- Letter to buyer's solicitor enclosing sale bundle
- Letter to client confirming sale bundle issued
- Letter to estate agent advising sale bundle issued
- Letter to buyer's solicitor enclosing outstanding documents
- Letter to client confirming complete contract has been provided
- Letter to estate agent advising that complete contract has been provided
- If required - Other conditions of Sale forms and agreement and transfer for new build
  - Contract incorporating the standard conditions of sale (fifth edition - 2018 revision) - long form
  - Explanatory notes on the standard conditions of sale (fifth edition) (April 2011)
  - Contract incorporating standard commercial property conditions (third edition - 2018 revision)
  - Standard commercial property conditions - explanatory notes (third edition) (May 2017)
  - Agreement for sale of a new build - Part 1 of 2 - Particulars
  - Agreement for sale of a new build – Part 2 of 2 – Terms and conditions
  - Transfer of part of registered title(s)
  - Clause - TP1 Transfer of Part
  - Library of common transfer of part clauses
    
    Transfer of part - Restrictive covenant - Alterations
    
    Transfer of part - Positive covenant - Boundary responsibility
    
    Transfer of part - Positive covenant - Indemnity
    
    Transfer of part - Positive covenant - Reference to another title
    
    Transfer of part - Restrictive covenant - Right of first refusal
    
    Transfer of part - Right to light and air
    
    Transfer of part - Service installations
    
    Transfer of part - Right - Shared accessway
    
    Transfer of part - Restrictive covenant - Use
    
    Clause - Overage schedule
- Less ordinary sales, including auctions, buy-to-let, off-plan, waterfront, and raffles
  
  With the advent of modern technology, it is now not so important to instruct a conveyancer local to the property. However, there are times when good local knowledge is important.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Home builder’s liability
  
  A builder who constructs a building will have contractual and tortious duties at common law. The contractual duties will be owed to a party with whom the builder enters into a contract in relation to the building – usually, the owner of the land – and the tortious duties will be owed to those who ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- High-rise properties – Cladding
  
  Owners of high-rise buildings in excess of 18 metres with external cladding must have the external wall system (EWS) of the building assessed to ensure that the EWS meets an acceptable standard of safety, particularly fire safety in relation to cladding. An assessment, if carried out, should ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Options
  
  Option or right of first refusal An owner of land may grant an option to purchase, a right of first refusal or a right of pre-emption. A right of first refusal and a right of pre-emption differ from an option in that they can only be exercised if and when the donor decides to sell at a price ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Planning considerations
  
  Legislation made under the Town and Country Planning Act 1990 widened existing permitted development rights by introducing rights:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Library of real property deeds and option precedents
  - Deed of covenant
  - Deed of covenant - Short form
  - Development agreement
  - Deed of easement - General
  - Deed of easement - Incorporating mutual obligations for positive covenants to run with land
  - Notice of exercise of option
  - Option to purchase
  - Overage deed
  - Put and call option
  - Deed of rectification
- If required - Reservation agreement
  - Reservation agreement
- If required - Overseas entities - Sign in or create Companies House account and Land Registry certificates
  - Sign in to WebFiling – GOV.UK
  - Land Registry Form 7 – Certificate of powers of overseas companies – HM Land Registry
  - Certificate OE1 – Certificate to comply with a restriction that has been entered in the register under paragraph 3 of Schedule 4A to the Land Registration Act 2002 or paragraph 6 of Schedule 3 to the Economic Crime (Transparency and Enforcement) Act 2022
  - Certificate OE2 – Certificate to support an application to register a disposition of a qualifying estate
D. Contract
- Contract
  
  The contract between a seller and buyer is the primary document in the conveyancing process as it sets out the rights and obligations between them. The contract becomes binding on exchange and is completed with payment by the buyer of the purchase price and transfer by the seller of the title to ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Contract incorporating the standard conditions of sale (fifth edition - 2018 revision)
- Contract incorporating the standard conditions of sale (fifth edition - 2018 revision) - long form
- Explanatory notes on the standard conditions of sale (fifth edition) (April 2011)
- Property and titles, adverse possession, boundaries and restrictive covenants
  
  Freehold title The registered proprietor owns the land and buildings in perpetuity and is free to sell or otherwise deal with the property.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Contract conditions
  
  The Law Society contract is designed to prevent the need for any alterations and additions to the contract. Substantial deletions or insertions are discouraged and seen as not in the spirit of the protocol, which is premised on finding an equal balance between the rights and obligations of both ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Library of special conditions
  - Additional costs - Searches
  - Additional costs - Sale bundle
  - Allowance or indemnity policy
  - Annexation of transfer
  - Auction
  - Completion subject to mortgage offer - Concise
  - Completion subject to mortgage offer - Extensive
  - Completion subject to mortgage offer - Named lender
  - Completion subject to mortgage offer - Nominated amount
  - Completion subject to repair
  - Completion subject to search and enquiry
  - Costs on notice to complete
  - Deposit less than 10%
  - Indemnity
  - Limiting Law of Property Act 1994 implied covenants
  - Guarantee corporate buyer
  - Overage clause
  - Part exchange clause for purchase price in Contract
  - Part exchange clause for box 8 in Transfer deed
  - Property sold subject to a tenancy agreement
  - Retention for service charge works
  - Retention for service charge apportionments
  - Tenancy and deposit scheme
- If required - Restriction on title
  - Restriction - consent or certificate
- Application for first registration with lost or destroyed deeds
  
  Rule 27 of the Land Registration Rules 2003 sets out specific provisions regarding applications to HM Land Registry where title deeds have been lost or destroyed. Applications should be lodged with:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- If required - first registration with lost or destroyed deeds
  - Letter to HM Land Registry in support of application for first registration with lost or destroyed deeds
  - Application for first registration
  - List of documents
  - Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
  - Certificate of identity for a private individual
  - Certificate of identity for a body corporate
- Rentcharges or chief rents
  
  A rentcharge or chief rent is an annual sum paid by a freehold owner to a third party who usually has no other interest in the property. Created in the late nineteenth and early twentieth centuries, it was a mechanism enabling developers to receive an income from sold properties, allowing them to ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Deed of variation of rentcharge
- Price and taxes
  
  It must be clear whether VAT is payable by the buyer and if it is included in the price. If substantial inclusions are involved, apportionment of the price may be necessary for tax purposes. Stamp duty is payable on the price inclusive of VAT, whichever way it is expressed in the contract. Prudent ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Inclusions
  
  Inclusions often lead to dispute. All inclusions should be stated, and any items that a buyer might consider to be included, which are not, need to be shown as exclusions. Typically disputes arise over items such as light fittings, chandeliers, and fireplaces. Additional items can be included in ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
E. Mortgages
- Arranging discharge of encumbrances
  
  The relevant undertakings to discharge encumbrances should be provided to the buyer’s legal practitioner once the practitioner has ensured that all financial encumbrances can be discharged on or before completion. This is usually effected by supplying replies to the completion information and ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- UK Finance Mortgage Lenders' Handbook For Conveyancers
- Letter to client sending lender's authority for signing
- Letter of authority to lender
- Letter to lender requesting title deeds
- Letter to lender requesting redemption statement
- Letter to client enclosing initial redemption statement
- Letter to buyer's solicitors advising form to be used for discharge
F. Replying to enquiries
- Enquiries before exchange
  
  Despite the apparent protection of the Standard Conditions of Sale, there is little comfort to be found in rescission or litigation. A thorough inspection must be completed before exchange by the appropriate experts and the buyer. While the raising of standard form enquiries outside of the protocol ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Price changes, gazumping, and gazundering
  
  Until contracts are exchanged, there is no legal requirement for the seller to sell the property to a particular buyer or for the agreed price. On some occasions, when property prices are rising or falling rapidly, this lack of certainty is exploited by buyers and sellers. Gazumping is when a new ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Freehold
  - Letter to client enclosing draft replies to enquiries for completion
  - Enclosure - Replies to enquiries
  - Letter to estate agent confirming additional enquiries received
  - Letter to buyer's solicitor enclosing replies to requisitions, approving transfer and advising additional enquiries sent to client
  - Letter to buyer's solicitor enclosing replies to additional enquiries
  - Letter to client advising replies to additional enquiries sent to buyer's solicitor
  - Letter to estate agent confirming replies to additional enquiries sent to buyer's solicitor
  - If required - Further additional freehold enquiries
    
    Letter to client enclosing draft replies to further additional enquiries for completion
    
    Letter to buyer's solicitor enclosing replies to further additional enquiries
    
    Letter to client advising replies to further additional enquiries sent to buyer's solicitor
  - If required - Chasing replies to enquiries
    
    Letter to client seeking replies to enquiries
    
    Letter to client seeking replies to further additional enquiries
- Leasehold
  - Mandatory information required from leaseholders and building owners
  - Requesting information
    
    Letter to freeholder requesting information
    
    Letter to managing agent requesting information
    
    Letter to management company requesting information
    
    Letter to client enclosing draft replies to leasehold enquiries for completion
    
    Enclosure - Replies to enquiries
  - Progress of information
    
    Letter to client advising leasehold enquiries sent to landlord or managing agent
    
    Letter to buyer's solicitor advising replies being sought to leasehold enquiries
  - Making additional enquiries
    
    Letter to freeholder enclosing additional leasehold enquiries
    
    Letter to managing agent enclosing additional leasehold enquiries
    
    Letter to management company enclosing additional leasehold enquiries
    
    Letter to buyer's solicitor advising additional leasehold enquiries sent and enclosing replies to requisitions and approval of transfer
  - Progress of and payment for additional information
    
    Letter to estate agent confirming additional enquiries received
    
    Letter to freeholder with payment for replies to additional leasehold enquiries
    
    Letter to managing agent with payment for replies to additional leasehold enquiries
    
    Letter to management company with payment for replies to additional leasehold enquiries
    
    Letter to client advising replies to additional leasehold enquiries sent to buyer's solicitor
    
    Letter to buyer's solicitor enclosing replies to additional leasehold enquiries
    
    Letter to estate agent confirming replies to additional enquiries sent to buyer's solicitor
  - If required - Further additional leasehold enquiries
    
    Enclosure - Replies to enquiries
    
    Letter to freeholder enclosing further additional leasehold enquiries
    
    Letter to management company enclosing further additional leasehold enquiries
    
    Letters advising additional enquiries sent
    
    Letter to client advising further additional leasehold enquiries sent to landlord or managing agent
    
    Letter to buyer's solicitor advising further additional leasehold enquiries received
    
    Letters advising replies sent
    
    Letter to client advising replies to further additional leasehold enquiries sent
    
    Letter to buyer's solicitor enclosing replies to further additional leasehold enquiries
  - If required - Chasing replies
    
    Letter to client seeking replies to enquiries
    
    Letter to client seeking replies to further additional enquiries
    
    Letter to freeholder seeking replies to leasehold enquiries
    
    Letter to freeholder seeking replies to further additional enquiries
    
    Letter to management company seeking replies to leasehold enquiries
    
    Letter to management company seeking replies to further additional enquiries
- If required - Additional documentation and chasing enquiries
  - Letter to buyer's solicitor enclosing additional documentation
  - Letter to buyer's solicitor when no response received to sale bundle
  - Letter to buyer's solicitor asking if they have any additional enquiries
G. Signing and exchange
- Execution, including electronic signatures and power of attorney
  
  Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires the contract to be signed by the parties or their agent, duly authorised in writing. The Law of Property Act 1925 requires the transfer to be made by deed and therefore be executed as a deed.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to buyer's solicitors with suitable completion date
- Letter to buyer's solicitor enclosing amended contract and transfer
- Letter to client enclosing contract and transfer for signature
- Letter to client enclosing contract, transfer, stock transfer and statutory declaration for signature
- Letter to client requesting return of documents sent for signing
- If required - Occupier's consent
  - Letter to occupier regarding signing contract
- If required - Delay
  - Letter to seller notifying them of a delay
  - Letter to other side's solicitor notifying them of a delay
  - Letter to estate agent notifying them of a delay
- Deposit
  
  The Standard Conditions of Sale provide that the buyer pays a 10% deposit of the purchase price to the seller on exchange of contracts. However, the amount of the deposit is open to negotiation between the parties. If a deposit of less than 10% is negotiated, a special condition can be ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Exchange of contracts
  
  Exchange of contracts is when the contract becomes legally binding on both the seller and buyer. In most cases, an exchange of contracts is effected over the telephone in accordance with the Law Society’s Formulae for exchanging contracts by telephone.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to buyer's solicitor confirming we hold a signed contract and are in a position to exchange
- Letter to buyer's solicitor with contract, exchange details, requisitions and completion information
- Letter to client confirming exchange
- Enclosure - Client completion checklist - Sale
- Letter to estate agent confirming exchange and requesting commission details
- If required - Chasing exchange documents
  - Letter to buyer's solicitor advising we have not received the buyer's signed contract or deposit
- Insurance and risk
  
  The common law held that risk passed on sale. While the seller was in the position of a trustee for the buyer during the contract period, the risk of any deterioration to the property during that period fell on the buyer. The Law Society contract maintains that common law position: see standard ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
H. Mid-transaction
- Requisitions – Completion information and undertakings
  
  Requisitions on title are raised by the buyer’s legal practitioner using standard form TA13. The seller’s legal practitioner would usually answer them following exchange. However, if there is no registered mortgage, there is little harm in providing them at the outset to save time later.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to buyer's solicitor requesting draft transfer and requisitions on title
- Letter to buyer's solicitor transfer approved - Enclosing requisition replies and completion information
- Replies to TA13 Completion information and undertakings
- Letter to client advising service charges and retention required
- Letter to freeholder for insurance, ground rent and service charge information
- Variations, nomination, assignment, novation, and default by nominee
  
  Variation of contract Parties to a contract may agree to vary the contract. It is sensible to draft a supplemental agreement and have both parties sign before a supplemental exchange takes place. The supplemental agreement should have a copy of the original agreement attached and be clear on ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Library of common land and duty forms and declarations
  - Land Registry
    
    Application for cancellation of an entry in the register on proof of discharge
    
    Application to change the register
    
    Assent of whole of registered title(s) by personal representative(s)
    
    Application to cancel entries relating to a registered charge
    
    Cancellation of entries relating to a registered charge
    
    Application to cancel a caution against dealings
    
    Application to cancel a caution against first registration
    
    Change of name (transgender and non-binary)
    
    Assent of charge by personal representative(s)
    
    Entry of a note of consolidation of charges
    
    Application to remove from the register the name of a deceased joint proprietor
    
    Caution against first registration
    
    Legal charge of a registered estate
    
    Application to enter an obligation to make further advances
    
    Application to note agreed maximum amount of security
    
    Assent of part of registered title(s) by personal representative(s)
    
    Transfer of part of registered title(s) under Power of sale
    
    Transfer of part of registered title(s)
    
    Transfer of whole of registered title(s) under Power of sale
    
    Transfer of whole of registered title(s)
    
    Application to withdraw a caution
    
    Application to withdraw a restriction
    
    Restriction - consent or certificate
    
    Application for first registration
    
    List of documents
    
    Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
    
    Certificate of identity for a private individual
    
    Certificate of identity for a body corporate
  - Land Charges
    
    Application for registration of a Land Charge
    
    Application for registration of a Land Charge of class F
    
    Application for registration of a pending action
    
    Application for registration of a writ or order
    
    Application for registration of a deed of arrangement
    
    Application for registration of a priority notice
    
    Application for the renewal of a registration
    
    Application for the renewal of a registration of a Land Charge of Class F
    
    Application for the rectification of an entry in the register
    
    Continuation of an application
    
    Application to cancel an entry in the Land Charges Register (other than class F)
    
    Application to cancel a pending action entry in the Land Charges Register
    
    Application for cancellation of an entry in the Register under special directions of the Registrar
    
    Application for cancellation of a Land Charge of class F
    
    Application for an official search (not applicable to registered land)
    
    Application for an official search (bankruptcy only)
    
    Application for an office copy of an entry in the Register
    
    Application for a certificate of the cancellation of an entry in the Register
    
    Register of local land charges (requisition for search and official certificate of search)
  - HMRC
    
    (Legacy) Application for a clearance certificate
    
    (Legacy) Assets ceasing to be held on discretionary trusts - proportionate charge
    
    Capital gains tax summary
    
    (Legacy) Claim for residence nil rate band (RNRB)
    
    (Legacy) Claim to transfer any unused residence nil rate band
    
    (Legacy) Claim to transfer unused inheritance tax nil rate band
    
    (Legacy) Claim to transfer unused nil rate band for excepted estates
    
    (Legacy) Claim to transfer unused nil rate band
I. If required - Deterioration, disputes and notices
- Deterioration
  
  A contract for the sale of land is an executory contract. The parties will carry the contract into effect some time after the contract is made. This time delay can be any period following exchange and creates the possibility of change in the subject matter of the contract – the property. This is ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Disputes
  
  Buyer against seller The most common dispute between a seller and a buyer is in relation to the inclusions. The contract includes the land and all improvements, including all fixtures that form part of the property. However, it will only include those chattels specifically listed in the contract, ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Notice of public requirements or encumbrances
  
  Ownership of land requires the owner to have a relationship with many other people and organisations concerning the land, for example, neighbours, local councils, and other authorities. These relationships may result in third parties taking a particular interest in the property and may even lead to ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Notices to complete
  
  In the normal course of events, completion will occur on the day nominated on the front page of the contract. If a party fails to complete, a notice to complete may be served. See the matter plan. The time specified in the standard conditions for completion after issuing a notice to complete is ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Notice to complete - Sale
- Notice of rescission - Sale
- Letter to other side's solicitor serving notice
- Letter to other side serving notice
- Letter to other side's solicitor disputing notice to complete
- Response to letter disputing notice to complete
- Deed of mutual rescission of contract
- COVID19 variation agreement
- Guidance for using the COVID19 variation agreement
J. Immediately before completion
- Apportionments
  
  Apportionments of any service charges or rent are calculated between exchange and completion. The seller’s legal practitioner is responsible for obtaining up-to-date statements from the relevant freeholder or management company and for providing a statement of the apportionments required to the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to buyer's solicitor enclosing completion statement and copy of signed transfer
- Replies to TA13 Completion information and undertakings
- Apportionment Statement
- Letter to lender requesting final redemption statement
- Enclosure - Client completion checklist - Sale
- Letter to client with completion statement, redemption statement and our account
- Completion Statement
- Letter to estate agent notifying date and time for completion
K. Completion
- The day of completion, keys, and vacant possession
  
  The day of completion Completion is when the buyer pays the balance due under the contract and, in return, receives title to and possession of the property.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to seller confirming completion
- Letter to buyer's solicitors with transfer and other documents after completion
- Letter to lender confirming redemption of charge
- Letter to estate agent confirming completion and paying commission
- If required - Tenant
  - Letter to tenant confirming new owners and directing future rent payments
L. Post-completion
- Post-completion
  
  Land Registry essentials training The HM Land Registry Essentials training materials assist newcomers to the conveyancing sector to understand the processes for submitting applications correctly.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Memo to accounts department
- Letter to lender requesting evidence of registration of the discharge
- If required - Chasing evidence of discharge
  - Letter to lender asking lender to discharge charge in order to register
- Letter to buyer's solicitor with title deeds from lender
- Letter to buyer's solicitor enclosing evidence of discharge of mortgage
- Letter to buyer's solicitor requesting copies of final accounts for the service charge retention
- Letter to buyer's solicitor confirming that retention may now be released
- If required - Title insurance
  - Letter to title insurer with payment for policy
M. Finalising the matter
- If required - Matter not proceeding
  - Letter to client when sale is not proceeding - Reimbursing unused fees
  - Letter to client when sale is no longer proceeding with invoice
  - Letter to estate agent when sale is not proceeding
  - Letter to lender returning title deeds when sale is not proceeding
- Letter to seller finalising the matter
- Example invoice
- Invoice recital - Sale of land
- Enclosure - Explaining the bill
- Closing the file
- File closing checklist
- File review form - Sale of land
Further information
Comments and suggestions for By Lawyers

ALERT - From 1 April 2025, the stamp duty land tax threshold will change to £125,000.

From 1 April 2025, the stamp duty land tax threshold will change to £125,000.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Full Commentary - Purchase of Land
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
- Article: The Leasehold and Freehold Reform Act 2024
- Article: Climate Change Risks
- Article: A.I. v H. Sapiens
- Article: Commonhold revisited
- Enclosure - Conveyancing glossary
Overview

Conveyancing is the process of transferring the legal ownership of land. It is a process that is not adversarial but must necessarily be investigative. Once agreement is reached between seller and buyer regarding price and terms, the legal practitioner must document and effect this agreement and ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Summary of the process

The usual steps when acting for the buyer on the purchase of land include:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
A. Getting the matter underway
- File cover sheet - Purchase of land
- To do list - Purchase of land
- First steps
- Retainer instructions - Purchase of land
- Compliance documents
  - Client Due Diligence and Anti-money Laundering Guidance
  - Client Details, Identity Verification and Source of Funds
  - Conflict of interest check
  - Client and matter risk assessment
  - BETA - AI Prompt for bank statement summaries and analysis
  - BETA - AI Prompt for source of funds summary
  - If required - Reporting an issue
    
    Anti-money laundering internal disclosure
- Initial letter to client enclosing Client Care and Terms of Business and instruction documents
- Enclosures for initial letter to client
  - Client care information - Conveyancing
  - Terms of business
  - Scope of work - Purchase of commercial property
  - A summary of the conveyancing process
  - Letter to client disclosing estate agent referral fee
  - Client Details, Identity Verification and Source of Funds
  - Purchase questionnaire
  - Stamp duty land tax questionnaire
  - Joint ownership instructions
  - Enclosure - General advice to buyers
  - Enclosure - Mortgage questionnaire
  - Enclosure - A short explanation of the important distinction between freehold title and leasehold title
  - Enclosure - Conveyancing glossary
- Letter to client with cost quotation
- Initial letter to estate agent confirming receipt of sales memorandum
- Letter to client acknowledging receipt of instruction documents
- Letter to estate agent confirming that we act for the buyer
- Initial letter to seller's solicitor
- If required - Requesting information returned by client
  - Letter to client requesting return of documents
- If required - Acting for both parties
  - Letter to client when acting for both parties
  - Consent to same firm acting for all parties
- If required - Powers of attorney and deputy court orders
  - Powers of attorney and deputy court orders
    
    Ordinary power of attorney Ordinary or general powers of attorney are deeds conferring authority under the Powers of Attorney Act 1971. The usual requirements for the execution of a deed apply. Execution must be in the presence of a witness, and delivery by the parties acknowledging that they ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Certificate as to execution of power of attorney (HMLR Rule 61 - Appendix A)
  - Statutory declaration as to non-revocation for powers more than 12 months old at the date of the disposition for which they are used (HMLR Rule 62 - Appendix B)
- Time and costs estimates
- If required - Letter to client varying the Client Care and Terms of Business
  - Letter to client varying the Client Care and Terms of Business
- General deeds, agreements, statements, declarations, consents, and execution clauses
  - Deeds and agreements
  - Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
  - Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
  - Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
B. Contract, the property and title
- Contract law
  
  The contract between a seller and buyer is the primary document in the conveyancing process. It sets out the rights and obligations between them. The contract becomes binding on exchange and is completed with payment by the buyer of the purchase price and transfer by the seller of the title to the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Forming the contract
  
  Form of contract While no form of contract is prescribed by law, various requirements are prescribed before a contract, once created, can be enforced.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Explanatory notes on the standard conditions of sale (fifth edition) (April 2011)
- Standard commercial property conditions - explanatory notes (third edition) (May 2017)
- Reservation agreements
  
  Although exclusivity or lock-out agreements have been used for some years, the UK Government is dedicated to implementing reservation agreements to promote certainty between buyers and sellers before reaching the formal stage of exchanging contracts. However, currently, there is no legislation in ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Co-ownership and asset protection
  
  Co-ownership tenancy Where there are two or more buyers, a property is purchased either as:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Property, titles, adverse possession, boundaries and restrictive covenants
  
  It is important to correctly identify the property, investigate its title and communicate the results to the buyer. It should be noted that buyers of leasehold property have been reporting a failure by practitioners to clearly explain the differences between leasehold and freehold titles. The ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Unregistered title
  
  Dealing with unregistered land is now a rarity. Many practitioners have either no knowledge of what to do or have forgotten. Therefore it is wise to consider the Land registration practice guides, particularly Practice guide 1: First registrations.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Restrictive covenants
  
  Restrictive covenants are obligations included in a deed to property which prohibit or restrict the purchaser and their successors from carrying out various activities as defined in the covenant. In general, restrictive covenants prevent the purchaser and their successors from making changes or ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to seller's solicitors requesting details of permission to lift restrictive covenant
- Rentcharges or chief rents
  
  A rentcharge or chief rent is an annual sum paid by a freehold owner to a third party who usually has no other interest in the property. Created in the late 19th and early 20th centuries, these were a mechanism by which developers could receive an income from sold properties which allowed them to ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Sale bundle
  
  The contract of sale, evidence of title and associated documents are referred to as the sale bundle. The sale bundle is received from the seller’s legal practitioner. The sale bundle is made up of the following:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Inclusions
  
  This is often an area which leads to dispute. All inclusions should be stated, and any items that a buyer might consider are included but are not shown as exclusions. Typically, disputes arise over items such as light fittings, chandeliers and fireplaces. Additional items can be included in the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Contract conditions
  
  The Law Society contract is designed to prevent the need for any alterations and additions to the contract. Substantial deletions or insertions are discouraged and seen as not in the spirit of the protocol, which is premised on finding an equal balance between the rights and obligations of both ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Less ordinary sales, including auctions, off-plan, buy-to-let, waterfront, right to buy, and property exchanges
  
  Auction contract Once the contract is formed by acceptance of the highest bid there is no opportunity to change or amend the contract as there is on a negotiated sale. A 10% deposit is paid on the day, and completion is usually set for 28 days. Completion, therefore, needs to take place ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Shared ownership
  
  Shared Ownership leases are a means of helping a buyer get on the property ladder. The buyer buys a percentage of the lease with the option to staircase and buy additional shares in the future. Rent is then paid to the freeholder on the portion of the property not yet owned. The government ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Home builder’s liability
  
  A builder who constructs a building will have contractual and tortious duties at common law. The contractual duties will be owed to a party with whom the builder enters into a contract in relation to the building, usually the landowner. The tortious duties will be owed to those who may become ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Overseas entities
  
  A public register of overseas entities owning property in the United Kingdom was introduced by the Economic Crime (Transparency and Enforcement) Act 2022. It came into effect on 1 August 2022 and is operated by Companies House. All overseas entities that own property in the United Kingdom must be ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- If required - Reservation agreement
  - Reservation agreement
- If required - Overseas entities - Sign in or create Companies House account and Land Registry certificates
  - Sign in to or create a Companies House account
  - Land Registry Form 7 – Certificate of powers of overseas companies
  - Certificate OE1 – Certificate to comply with a restriction that has been entered in the register under paragraph 3 of Schedule 4A to the Land Registration Act 2002 or paragraph 6 of Schedule 3 to the Economic Crime (Transparency and Enforcement) Act 2022
  - Certificate OE2 – Certificate to support an application to register a disposition of a qualifying estate
- Letter to seller's solicitor acknowledging receipt of sale bundle
- Letter to client for instructions on searches, plan, fittings and contents
- Joint ownership
  - Co-ownership tenancy
    
    Where there are two or more buyers, a property is purchased either as:
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Declaration of trust
    
    A buyer dealing with the registered proprietors can rely on the register and assume they have unlimited power to sell the land, free from any limitation unless a restriction is noted in the register. The registrar is obliged to enter a restriction when registering joint proprietors unless the ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Letter to client enclosing joint ownership instructions
  - Joint ownership instructions
  - Declaration of trust - Tenants in common in unequal shares
  - Declaration of trust - Tenancy in common - Resident and investor
  - Letter to buyer enclosing co-ownership deed and restriction form RX1
  - Letter to buyer seeking co-ownership deed
- Letter to estate agent following receipt of the sale bundle
- Letter to financial advisor following receipt of the sale bundle
- Options
  
  Option or right of first refusal An owner of land may grant an option to purchase, a right of first refusal or a right of pre-emption. A right of first refusal and a right of pre-emption differs from an option. They can only be exercised if and when the donor decides to sell at a price the seller ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Library of special conditions
  - Additional costs - Searches
  - Additional costs - Sale bundle
  - Allowance or indemnity policy
  - Annexation of transfer
  - Auction
  - Completion subject to mortgage offer - Concise
  - Completion subject to mortgage offer - Extensive
  - Completion subject to mortgage offer - Named lender
  - Completion subject to mortgage offer - Nominated amount
  - Completion subject to repair
  - Completion subject to search and enquiry
  - Costs on notice to complete
  - Deposit less than 10%
  - Indemnity
  - Limiting Law of Property Act 1994 implied covenants
  - Guarantee corporate buyer
  - Overage clause
  - Part exchange clause for purchase price in Contract
  - Part exchange clause for box 8 in Transfer deed
  - Property sold subject to a tenancy agreement
  - Retention for service charge works
  - Retention for service charge apportionments
  - Tenancy and deposit scheme
- Library of real property deeds and option precedents
  - Deed of covenant
  - Deed of covenant - Short form
  - Development agreement
  - Deed of easement - General
  - Deed of easement - Incorporating mutual obligations for positive covenants to run with land
  - Notice of exercise of option
  - Option to purchase
  - Overage deed
  - Put and call option
  - Deed of rectification
- If required - Delay
  - Letter to buyer notifying delay
  - Letter to other side's solicitor notifying them of a delay
  - Letter to estate agent notifying them of a delay
  - Letter to lender notifying delay
C. Enquiries
- Disclosure obligations
  
  The seller’s duty of disclosure and consequences of non-disclosure There is no general requirement for the seller to ensure that the buyer has all relevant information about the property. Under the contract, the seller has an obligation to disclose matters affecting the title to the property, for ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Pre-contract searches, enquiries and planning
  
  With the advent of modern technology, it is now not so important to instruct a conveyancer in the locale of the actual property. However, there are times when good local knowledge is important.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- High-rise properties – Cladding
  
  Owners of high-rise buildings in excess of 18 metres are required to have the external wall system (EWS) of the building assessed to ensure that the EWS meets an acceptable standard of safety, particularly fire safety in relation to cladding. An assessment, if carried out, should be undertaken ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Request for copy of external wall system form
- Mandatory information required from leaseholders and building owners
- Search applications
  - Register of local land charges (requisition for search and official certificate of search)
  - Law Society enquiries of local authority (2016)
  - Law Society (optional) enquiries of local authority (2016)
  - Drainage and water enquiry (2016) - residential
  - Drainage and water enquiry - commercial
- Notices and restrictions on title
  
  The circumstance of any charge, notice or restriction on the title should be checked before exchange. Lenders cannot clog the equity of redemption and must hand over a discharge on redemption of the mortgage. However, if disputes arise leading to a refusal to hand over a withdrawal at completion ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Breaches of covenants
  
  Inspection of the official copies of the register entries and documents referred to within it may lead to additional enquiries. The seller’s conveyancer should supply copies of all the documents referred to within the register entries and read carefully. Breaches of covenants contained within these ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Indemnity insurance
  
  Insurance to mitigate all manner of risks in the property purchase process is available, and there are a number of providers in the market. Care should be taken to ensure that clients have a requirements and needs statement relevant to the policy. The insurer usually supplies these as part of the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- If required - No searches being carried out
  - Letter to buyer explaining why searches should be carried out
  - Letter to buyer with disclaimer when no searches, enquiries or report on title
  - Form of disclaimer - No searches, enquiries, report on title
- Enquiries and report on title - Freehold
  - Letter to seller's solicitor with amended contract, enquiries and draft transfer
  - Letter to seller's solicitor with amended contract and draft transfer - Enquiries via InfoTrack
  - Transfer of whole of registered title(s)
  - Completion information and undertakings (4th edition)
  - Letter to seller's solicitor with additional enquiries
  - Application for an official search (not applicable to registered land)
  - Application for a search of the Public Guardian registers
  - Possible additional enquiries
  - Possible additional enquiries - New build
  - Possible additional enquiries - Bare land
  - Possible additional enquiries - Agricultural and rural land
  - Letter to estate agent that additional enquiries have been made
  - Letter to buyer with report on title - Freehold
  - BETA - AI Prompt for contract for sale summary (SCS1 short version)
  - BETA - AI Prompt for title deeds summary (registered freehold title)
  - Report on title - Freehold
  - Enclosure - General advice to buyers
  - Additional report clauses
  - Letter to buyer with search report
  - BETA - AI Prompt for summary of property searches
  - Enclosure - Search report
  - Property report on title
    
    Accompanying the documents to be signed, practitioners usually prepare a report for the client on all aspects of the property and financing its purchase. This usually includes a detailed discussion of the title documents, search results, funding offers, tax position, and the documents to be signed. ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - InfoTrack
  - Letter to seller's solicitor confirming report sent to client
  - Letter to estate agent confirming report sent to client
  - Letter to financial advisor confirming report sent to client
  - If required - Commercial enquiries
    
    Enquiries for commercial contract
  - If required - Further additional freehold enquiries
    
    Letter to seller's solicitor with further additional enquiries
    
    Possible additional enquiries
    
    Letter to buyer further additional enquiries raised
    
    Letter to estate agent confirming raising further additional enquiries
  - If required - Seeking replies
    
    Letter to buyer seeking signed documents
    
    Letter to seller's solicitor seeking replies to outstanding enquiries
    
    Letter to seller's solicitor seeking replies to further additional enquiries
- Enquiries and report on title - Leasehold
  - Leasehold checklist
  - Letter to seller's solicitor enclosing amended contract, transfer and leasehold enquiries
  - Letter to seller's solicitor with amended contract and draft transfer - Enquiries via InfoTrack
  - Transfer of whole of registered title(s)
  - Completion information and undertakings (4th edition)
  - Letter to seller's solicitor with additional enquiries
  - Possible additional enquiries
  - Possible additional enquiries - New build
  - Letter to client with report on title - Leasehold
  - Report on title - Leasehold
  - Additional Report Clauses
  - Letter to buyer with search report
  - Enclosure - Search Report
  - Property report on title
    
    Accompanying the documents to be signed, practitioners usually prepare a report for the client on all aspects of the property and financing its purchase. This usually includes a detailed discussion of the title documents, search results, funding offers, tax position, and the documents to be signed. ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - InfoTrack
  - Letter to seller's solicitor confirming report sent to client
  - Letter to estate agent confirming report sent to client
  - Letter to financial advisor confirming report sent to client
  - If required - Commercial enquiries
    
    Enquiries for commercial contract
  - If required - Further additional leasehold enquiries
    
    Letter to seller's solicitor enclosing further additional leasehold enquiries
    
    Possible additional enquiries
  - If required - Seeking replies
    
    Letter to seller's solicitor seeking replies to additional leasehold enquiries
    
    Letter to seller's solicitor seeking replies to further additional leasehold enquiries
D. Finance and funding
- Price changes, gazumping and gazundering
  
  Until contracts are exchanged, there is no legal requirement for the seller to sell the property to a particular buyer or for the agreed price. On some occasions, when property prices are rising or falling rapidly, this lack of certainty is exploited by buyers and sellers. Gazumping is when a new ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Price and taxes
  
  It must be clear whether or not VAT is payable by the buyer and whether or not it is included in the price. If substantial inclusions are involved, then an apportionment of the price may be necessary for tax purposes. Stamp duty is payable on the price inclusive of VAT, whichever way it is ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Stamp duty land tax in England
  
  Stamp duty land tax is payable on most purchases in England. As there is a body of evidence that indicates a significant failure to claim available reliefs, early consideration of the liability for, and relief from, stamp duty is important to clients budgeting for their purchase. The Finance Act ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- HM Revenue and Customs Stamp Taxes Online service
- Land transaction tax in Wales
  
  Land transaction tax is payable on most purchases in Wales. It should be discussed at an early stage to ensure that clients are aware of their liabilities. The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 is the principal legislation governing land transaction tax in ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Welsh Revenue Authority Land Transaction Tax online service
- Mortgage offer
  
  It is standard practice to act on behalf of any mortgage lender when acting for a buyer. Most lenders will have criteria for a legal practitioner to join their panel and act on their behalf. Most are a member of UK Finance, previously known as the Council of Mortgage Lenders, which has its own UK ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- UK Finance Mortgage Lenders' Handbook For Conveyancers
- Letter to buyer seeking a copy of the mortgage offer
- Letter to lender with further information requesting amended mortgage offer
- Letter to lender requesting amended mortgage offer when price reduced
- Letter to lender enclosing certificate of title requesting advance
- Letter to lender enclosing documents and referring matter to valuer
- Letter to client reporting on mortgage and legal charge for signing
- Enclosure - Mortgage general explanation for borrowers
- Enclosure - Mortgage questionnaire
- Letter to client seeking signed mortgage deed
- If required - Occupiers consent
  - Letter to occupier with consent to mortgage to sign and return
- If required - Help to Buy
  - Letter to buyer enclosing Help to Buy ISA declaration
  - First time buyer declaration
- If required - Gifted deposit
  - Letter to a third party giving a financial gift towards the purchase
  - Enclosure - Confirmation of gifted deposit
E. Signing and exchange
- Execution, including electronic signatures
  
  Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 requires the contract to be signed by the parties or their agent, duly authorised in writing. The Law of Property Act 1925 requires the transfer to be made by deed and therefore be executed as a deed.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to seller's solicitor seeking amended contract
- Letter to buyer enclosing contract and transfer
- Letter to buyer enclosing contract, transfer and stamp duty land tax return to sign
- Letter to buyer enclosing contract, transfer, lease and statutory declaration for signing
- Letter to buyer enclosing two transfers leasehold and shared freehold and stamp duty land tax return
- If required - Sending single documents for signing
  - Letter to buyer enclosing contract for signature
  - Letter to buyer enclosing transfer for signature
  - Letter to buyer enclosing lease for signature
  - Letter to buyer enclosing deed of covenant for signing
  - Letter to buyer seeking signed documents
- Deposit
  
  It is standard practice, and the Standard Conditions of Sale provide, that the buyer pays a 10% deposit of the purchase price to the seller on exchange of contracts. However, the amount of the deposit is open to negotiation between the parties. If a deposit of less than 10% is negotiated, a ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Exchange of contracts
  
  Exchange of contracts is when the contract becomes legally binding on both the seller and buyer. In most cases an exchange of contracts is effected over the telephone in accordance with the Law Society’s Formulae for exchanging contracts by telephone.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to seller's solicitor enclosing amended contract, transfer, enquiries, requisitions
- Letter to seller's solicitor enclosing amended transfer
- Letter to seller's solicitor nominating completion date
- Letter to seller's solicitor confirming we hold signed contract and are ready to exchange
- Letter to seller’s solicitor with contract, exchange details, requisitions and completion information
- Transfer of whole of registered title(s)
- Completion information and undertakings (4th edition)
- If required - Seeking exchange documents
  - Letter to seller's solicitor requesting seller's signed contract
- Insurance and risk
  
  The common law held that risk passed on sale. While the seller was in the position of a trustee for the buyer during the contract period, the risk of any deterioration to the property during that period fell upon the buyer. The Law Society contract maintains that common law position: see standard ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to buyer seeking insurance policy schedule
- Letter to client confirming exchange of contracts
- Letter to client confirming exchange of sale and purchase contracts
- Enclosure - Client completion checklist - Purchase
- Letter to estate agent confirming exchange of contracts
- Letter to financial advisor confirming exchange of contracts
- Possession before completion
  
  As the seller bears the risk of early possession by the buyer, it is common for their legal practitioner to advise against allowing the buyer access before completion. The Standard Conditions of Sale found in the matter plan provide for possession in certain circumstances before completion. ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Access undertaking
F. Between exchange and completion
- Protecting the buyer’s interest
  
  The formation of the contract grants the buyer a beneficial interest in the property. If there is a significant period of time between exchange and completion, then it may be prudent to protect this interest. A Unilateral Notice would usually be entered onto the title register by submitting HM Land ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to seller's solicitor with completion information and undertakings
- Completion information and undertakings (4th edition)
- Letter to seller's solicitor with additional requisitions on title
- Letter to seller's solicitor seeking replies to requisitions
- Letter to seller's solicitor with executed transfer to be held in escrow
- Library of common land and duty forms and declarations
  - Land Registry
    
    Title Restrictions Clauses
    
    Beneficial interest that is a right or claim in relation to a registered estate
    
    Restriction on dispositions by sole proprietor
    
    Freezing order on the registered estate
    
    Dispositions by trustees of the legal estate - certificates required
    
    Freezing order on charge
    
    Dispositions by personal representatives - certificate required
    
    Application for freezing order on the registered estate
    
    Parsonage, diocesan glebe, church or churchyard land
    
    Application for freezing order on charge
    
    Non-exempt charity - certificate required
    
    Restraint order or interim receiving order on the registered estate
    
    Land vested in official custodian on trust for non-exempt charity - authority required
    
    Restraint order or interim receiving order on charge
    
    Tenant for life as registered proprietor of settled land, where there are trustees of the settlement
    
    Application for restraint order or interim receiving order on the registered estate
    
    Statutory owners as trustees of the settlement and registered proprietors of settled land
    
    Application for restraint order or interim receiving order on charge
    
    Tenant for life as registered proprietor of settled land - no trustees of the settlement
    
    Trustee in bankruptcy and beneficial interest - certificate required
    
    Charging order affecting beneficial interest - certificate required
    
    Disposition by registered proprietor of a registered estate or proprietor of charge - certificate required
    
    Disposition by registered proprietor of registered estate or proprietor of charge - certificate of registered proprietor of specified title
    
    Disposition by registered proprietor of registered estate or proprietor of charge - consent required
    
    Disposition by registered proprietor of registered estate or proprietor of charge - consent of registered proprietor of specified title num
    
    Disposition by registered proprietor of registered estate or proprietor of charge - consent of proprietor of specified charge required
    
    Disposition by registered proprietor of registered estate or proprietor of charge - consent of personal representative required
    
    Disposition by registered proprietor of registered estate or proprietor of charge - evidence of compliance with club rules required
    
    Trustee appointed in place of a person who lacks capacity – jointly owned property
    
    Disposition by proprietor of charge - certificate of compliance required
    
    Disposition by proprietor of charge - consent required
    
    Section 37 of the Housing Act 1985
    
    Section 157 of the Housing Act 1985
    
    Paragraph 4 of Schedule 9A to the Housing Act 1985
    
    Section 133 of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989
    
    Section 13 of the Housing Act 1996
    
    Lease of property in Wales by registered social landlord
    
    Statutory charge of beneficial interest in favour of the Lord Chancellor
    
    Interest in beneficial joint tenancy subject to charge under section 22(1) of the Health and Social Services and Social Security Adjudications Act 1983 or section 71 of the Social Services and Well-being (Wales) Act 2014
    
    Restriction as to evidence of execution
    
    Disposition by registered proprietor of registered estate or proprietor of charge – consent or certificate required
    
    Disposition by proprietor of charge – consent or certificate required
    
    Disposition by registered proprietor of registered estate or proprietor of charge – certificate of landlord or of a conveyancer, required
    
    Land included in a list of assets of community value maintained under section 87(1) of the Localism Act 2011
    
    Deputy appointed under section 16 of the Mental Capacity Act 2005 – solely owned property
    
    Land Registry - Execution of Deeds
    
    Application for registration in farmer's name
    
    Application for registration in name of an Agricultural Society
    
    Application for cancellation of an entry in the register on proof of discharge
    
    Application for a certificate that a registration has been cancelled
    
    Application for a certified copy of the memorandum filed in the Register of Agricultural Charges under the Act
    
    Application for an official search
    
    Application for the rectification of an entry in the register
    
    Application for approval of a standard form of charge deed and allocation of official HM Land Registry reference
    
    Application for approval of a deed of variation/priority/postponement of a charge
    
    Application for Application Management Service
    
    Application to enter an agreed notice
    
    Application to change the register
    
    Assent of whole of registered title(s) by personal representative(s)
    
    Assent of charge by personal representative(s)
    
    Assent of part of registered title(s) by personal representative(s)
    
    Application for registration of a person in adverse possession under Schedule 6 to the Land Registration Act 2002
    
    Application to be registered as a person to be notified of an application for adverse possession
    
    Entry of a note of consolidation of charges
    
    Application to cancel a caution against dealings
    
    Application to cancel a caution against first registration
    
    Legal charge of a registered estate
    
    Application to enter an obligation to make further advances
    
    Application to note agreed maximum amount of security
    
    Application in connection with investigation or enforcement proceedings (court, insolvency, tax)
    
    Application for the freehold estate to cease to be registered as a freehold estate in commonhold land during the transitional period
    
    Application for the registration of an amended commonhold community statement and/or altered articles of association
    
    Application to add land to a commonhold registration
    
    Application for the termination of a commonhold registration
    
    Application to cancel a notice (other than a unilateral notice)
    
    Change of name (transgender and non-binary)
    
    Application to register a freehold estate in commonhold land
    
    Application for the registration of a successor commonhold association
    
    Notification of change of extent of a commonhold unit over which there is a registered charge
    
    Updating registered owners' contact address
    
    Consent to the registration of land as commonhold land
    
    Consent to an application for the freehold estate to cease to be registered as a freehold estate in commonhold land during the transitional period
    
    Application for registration with unit-holders
    
    Continuation sheet for use with application and disposition forms
    
    Caution against first registration
    
    Application to determine the exact line of a boundary
    
    Disclosable overriding interests
    
    Application to remove from the register the name of a deceased joint proprietor
    
    List of documents
    
    Cancellation of entries relating to a registered charge
    
    Application to cancel entries relating to a registered charge
    
    Application to cancel entries relating to a registered charge (or which an END has been sent)
    
    Release of part of the land from a registered charge
    
    Application for the registrar to designate a document as an exempt information document
    
    Reasons for exemption in support of an application to designate a document as an exempt information document
    
    Application for official copy of an exempt information document
    
    Application to remove the designation of a document as an exempt information document
    
    Application for first registration
    
    Application for copies of historical edition(s) of the register/title plan held in electronic form
    
    Application for registration of a notice of home rights
    
    Application for renewal of registration in respect of home rights
    
    Application by mortgagee for official search in respect of home rights
    
    Cancellation of a home rights notice
    
    Certificate of identity for a private individual
    
    Certificate of identity for a body corporate
    
    Certificate of identity for a private individual (non-conveyancer)
    
    Certificate to be given by a conveyancer where a person's identity has been verified by way of an online video call
    
    Trust information
    
    Notice to the registrar in respect of an adverse possession application
    
    Application for official copies of register/plan or certificate in form C1
    
    Application for official copies of documents only
    
    Application by purchaser for official search with priority of the whole of the land in a registered title or a pending first registration application
    
    Application by purchaser for official search with priority of part of the land in a registered title or a pending first registration application
    
    Application for official search without priority of the land in a registered title
    
    Application for a personal inspection under section 66 of the Land Registration Act 2002
    
    Application for a search in the index of proprietors' names
    
    Request for the production of documents
    
    IOPN search - evidence of identity
    
    Application for Pre-submission Enquiry Service
    
    Request for a restriction by owner(s) not living at the property
    
    Request for a restriction by a company
    
    Application to enter a restriction
    
    Application for an order that a restriction be disapplied or modified
    
    Application to cancel a restriction
    
    Application to withdraw a restriction
    
    Restriction - consent or certificate
    
    Application for noting the overriding priority of a statutory charge
    
    Application for an official search of the index of relating franchises and manors
    
    Application for an official search of the index map
    
    Application to enter Form A restriction on severance of joint tenancy by agreement or notice
    
    Notice of surrender of development right(s)
    
    Statement of truth in support of an application for registration based upon adverse possession
    
    Statement of truth in support of an application based upon adverse possession of a rentcharge
    
    Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
    
    Statement of truth in support of an application for registration and/or noting of a prescriptive easement
    
    Transfer of part of registered title(s)
    
    Transfer of part of registered title(s) under Power of sale
    
    Statement of truth in support of an application to cancel a Form A restriction
    
    Transfer of whole of registered title(s)
    
    Transfer of whole of registered title(s) under Power of sale
    
    Transfer of a charge or portfolio of charges
    
    Transfer of portfolio of titles (whole or part)
    
    Application to enter a unilateral notice
    
    Application to remove a unilateral notice
    
    Application to be registered as beneficiary of an existing unilateral notice
    
    Application for the cancellation of a unilateral notice by a person who is (or is entitled to be) the registered proprietor
    
    Application for upgrading of title
    
    Application to withdraw a caution
    
    Leases prescribed clauses (table format)
    
    Leases prescribed clauses (text format)
  - Land Charges
    
    Application for registration of a Land Charge
    
    Application for registration of a Land Charge of class F
    
    Application for registration of a pending action
    
    Application for registration of a writ or order
    
    Application for registration of a deed of arrangement
    
    Application for registration of a priority notice
    
    Application for the renewal of a registration
    
    Application for the renewal of a registration of a Land Charge of Class F
    
    Application for the rectification of an entry in the register
    
    Continuation of an application
    
    Application to cancel an entry in the Land Charges Register (other than class F)
    
    Application to cancel a pending action entry in the Land Charges Register
    
    Application for cancellation of an entry in the Register under special directions of the Registrar
    
    Application for cancellation of a Land Charge of class F
    
    Application for an official search (not applicable to registered land)
    
    Application for an official search (bankruptcy only)
    
    Application for an office copy of an entry in the Register
    
    Application for a certificate of the cancellation of an entry in the Register
    
    Register of local land charges (requisition for search and official certificate of search)
  - HMRC
    
    Trust and estate tax return (SA900(2024))
    
    Claim for relief - loss on sale of land
    
    UK property (SA105(2020))
    
    IHT 35 (continuation sheet) - claim for relief
    
    Trust and estate tax return (SA900(2020))
    
    Confirmation C1 and C2 Combined (2021)
    
    Tax return (SA100(2019))
    
    Confirmation C1 and C2 Combined (2022)
    
    Northern Ireland Legislative Assembly
    
    Authorising your agent
    
    Post-transaction valuation checks for capital gains
    
    Confirmation
    
    Inventory continued
    
    Continuation page for form (C4)
    
    Corrective inventory and account
    
    Continuation page for form (C4(S))
    
    Return of estate information (C5)
    
    Return of estate information (C5(OUK))
    
    Information about small estates
    
    Computation working sheet (for straightforward calculations)
    
    Domicile outside the UK
    
    Stocks and shares
    
    Debts due to the settlement or trust
    
    Life insurance and annuities
    
    Household and personal goods (D35)
    
    Land, buildings and interests in land
    
    Agricultural relief (D37)
    
    Business relief, business or partnership interests
    
    Foreign assets (D39)
    
    Tax return (SA100(2024))
    
    Continuation sheet for additional information
    
    Checklist
    
    Instrument of variation checklist
    
    Dispensation for expenses payments and benefits in kind
    
    Trust and estate tax return (SA900(2021))
    
    Claim for repayment of tax deducted from savings and investments
    
    Lloyd’s underwriters income from membership of lloyds
    
    Additional information
    
    Employment
    
    Ministers of religion
    
    Parliament
    
    Self-employment (full)
    
    Lloyd's underwriters
    
    Self-employment (short)
    
    Partnership (full)
    
    Partnership (short)
    
    Foreign
    
    Trusts etc
    
    Capital gains tax summary
    
    Residence, remittance basis etc
    
    Tax calculation summary
    
    Self assessment: appeal against penalties for late filing and late payment
    
    Self assessment: partnership tax return - appeal against late filing penalties
    
    Tax return for a non-resident company or other entity liable to income tax
    
    Partnership tax return 2023
    
    Partnership trading and professional income
    
    Partnership statement (full)
    
    Partnership UK property
    
    Partnership foreign
    
    Partnership disposal of chargeable assets
    
    Partnership savings, investments and other income
    
    Trust and estate trade
    
    Trust and estate partnership
    
    Trust and estate UK property
    
    Trust and estate foreign
    
    Trust and estate capital gains
    
    Trust and estate non-residence
    
    Trust and estate charities
    
    Estate pension charges etc
    
    Tax return for trustees of registered pension schemes
    
    Trust and estate tax return (SA900(2019))
    
    UK property (SA105(2021))
    
    Claim for relief - loss on sale of shares
    
    UK property (SA105(2022))
    
    Trust and estate tax return (SA900(2022))
    
    Corrective inventory and account (2022)
    
    Corrective account
    
    Tax return (SA100(2023))
    
    UK property (SA105(2023))
    
    Tax return (SA100(2021))
    
    Confirmation inventory (2022)
    
    Notice of appeal against a penalty - stamp duty land tax
    
    Trust and estate tax return (SA900(2023))
    
    Tax return (SA100(2022))
    
    Tax return (SA100(2020))
    
    UK property (SA105(2019))
- Variations, nomination, assignment, novation and default by nominee
  
  Variation of contract Parties to a contract may agree to vary the contract. It is sensible to draft a supplemental agreement and have both parties agree before a supplemental exchange. The supplemental agreement should have a copy of the original agreement attached and be clear on changing the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
G. If required - Deterioration, disputes and notices
- Deterioration
  
  A contract for the sale of land is an executory contract, meaning that the parties will carry the contract into effect some period of time after the contract is made. This time delay can be any period following exchange and creates the possibility of change taking place in relation to the subject ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Disputes
  
  Buyer against seller The most common dispute between a seller and a buyer is in relation to the inclusions. The contract includes the land and all improvements, including all fixtures that form part of the property but will only include those chattels specifically listed in the contract, leaving ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Notice of public requirements or encumbrances
  
  Ownership of land requires the owner to have a relationship with many other people and organisations in relation to the land, for example, neighbours, local councils and other authorities. These relationships may result in these third parties taking a particular interest in the property and may ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Notices to complete
  
  In the normal course of events completion will occur on the day nominated on the front page of the contract. If a party fails to complete, then a notice to complete may be served – a precedent is available on the matter plan. The time specified in the standard conditions for completion after the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Notice to complete - Purchase
- Notice of rescission - Purchase
- Letter to other side's solicitor serving notice
- Letter to other side serving notice
- Letter to seller's solicitor vacant possession not given serving notice to complete
- Letter to seller vacant possession not given serving notice to complete
- Letter to other side's solicitor disputing notice to complete
- Response to letter disputing notice to complete
- Deed of mutual rescission of contract
- COVID19 variation agreement
- Guidance for using the COVID19 variation agreement
H. Pre-completion
- HM Land Registry official search with priority
  
  A person who intends to lodge a dealing to give effect to a legal or equitable interest in land can apply for an official search with priority. An Application by Purchaser for Official Search with Priority of the Whole of the Land in a Registered Title or a Pending First Registration Application ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Requisitions on title after exchange
  
  Replies to the Completion Information and Undertakings must be given to the buyer’s legal practitioner before completion. It deals with the undertakings relating to completion by post and redemption of any mortgage. Form TA13 is usually used. The buyer’s legal practitioner raises requisitions on ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Apportionments
  
  Apportionments of any service charges or rent are calculated between exchange and completion. The seller’s legal practitioner is responsible for obtaining up to date statements from the relevant freeholder or management company and providing a statement of the apportionments to the buyer’s legal ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Final statement
  
  Before completion, a final statement is received from the seller’s legal practitioner setting out the agreed sale price with any deductions or apportionments. The net sale proceeds will be confirmed, and a copy sent to the client for approval and attention if additional funds are required.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Completion Statement
- Letter to client with account and completion statement requesting funds for completion
- Letter to client with account and completion statement and details of excess loan funds
- If required - Title insurance
  - Letter to client regarding title indemnity insurance policy to be arranged
I. Completion
- The day of completion, keys and vacant possession
  
  The day of completion Completion is the time when the buyer pays the balance due under the contract and, in return, receives title to and possession of the property.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Completion and merger
  
  The common law doctrine of merger grew out of the principle that when a lesser estate was vested in the same person as a greater estate, the lesser estate merged into, the greater estate and was extinguished. A common example of this principle is where the dominant and servient tenements in an ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Accounts memo purchase
- Accounts memo sale and purchase
- Letter to buyer confirming completion
- Letter to seller's solicitor confirming completion
- Letter to lender's solicitor confirming completion
- Letter to estate agent confirming completion
- Letter to financial advisor confirming completion
J. Post-completion
- Stamp duty land tax in England
  
  Stamp duty land tax is payable on most purchases in England. As there is a body of evidence that indicates a significant failure to claim available reliefs, early consideration of the liability for, and relief from, stamp duty is important to clients budgeting for their purchase. The Finance Act ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- HMRC – Stamp Duty Land Tax calculator
- HM Revenue and Customs Stamp Taxes Online service
- Land transaction tax in Wales
  
  Land transaction tax is payable on most purchases in Wales. It should be discussed at an early stage to ensure that clients are aware of their liabilities. The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 is the principal legislation governing land transaction tax in ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Welsh Revenue Authority Land Transaction Tax online service
- Other post-completion tasks
  
  Land Registry essentials training The HM Land Registry Essentials training materials assist newcomers to the conveyancing sector to understand the processes for submitting applications correctly.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Registration of company mortgage
  
  If the buyer is a company, the mortgage they have been granted must be registered at Companies House within 21 days of completion using form MR01. The application can be made electronically via InfoTrack or Companies House. If the 21-day deadline is not met, a court order is required to ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Trust Registration in the tax system
  
  The European Union Fifth Money Laundering Directive was implemented on 10 January 2020 and is known as The Money Laundering and Terrorist Financing (Amendment) Regulations 2019. Before its implementation, only trusts incurring a United Kingdom tax liability needed to register with the HM ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to seller's solicitor transfer and title have been received requesting evidence of discharge
- Letter to seller's solicitor following up request for evidence of discharge
- Letter to seller’s solicitor confirming evidence of discharge received and mortgage undertaking discharged
- Letter to seller's solicitor seeking transfer, title deeds and documents
- Letter to seller's solicitor charge still on title
- Letter to client updating on Land Registry application
- If required - Title insurance
  - Letter to title insurer with payment for policy
- Application for registration
  
  Once the seller’s signed transfer, supporting documents and the SDLT5 are received, the application can be made to the Land Registry. Ensure any supporting documents that are required to be sent with the application, such as a copy marriage certificate or any consent required regarding a ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Application to change the register
- Letter to Land Registry enclosing AP1 to change the register and supporting documents
- Letter to Land Registry enclosing FR1 for first registration and supporting documents
- Application for first registration
- List of documents
- Certificate for electronic signatures
- If required - Lost or destroyed deeds
  - Application for first registration with lost or destroyed deeds
    
    Rule 27 of the Land Registration Rules 2003 sets out specific provisions regarding applications to HM Land Registry where title deeds have been lost or destroyed. Applications should be lodged with:
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Letter to HM Land Registry in support of application for first registration with lost or destroyed deeds
  - Application for first registration
  - List of documents
  - Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
  - Certificate of identity for a private individual
  - Certificate of identity for a body corporate
- Letter to lender confirming registration and enclosing documents
- Letter to client regarding release of service charge retention to seller
- Letter to seller's solicitor release of retention for service charges
- Leasehold title
  - Notice of charge
  - Notice of transfer and charge
  - Notice of transfer
  - Letter to freeholder's solicitor enclosing notice
  - Letter to management company enclosing notice
  - If required - Letters seeking documents
    
    Letter to freeholder's solicitor seeking the new title information document
    
    Letter to freeholder's solicitor seeking receipted notice
    
    Letter to freeholder's solicitor seeking reply and documents
    
    Letter to management company seeking requisite certificate for restriction for registration
    
    Letter to management company urgently seeking requisite certificate for registration
    
    Letter to management company seeking receipted notice
K. Finalising the matter
- If required - Matter not proceeding
  - Letter seller's solicitor returning sale bundle - Matter not proceeding
  - Letter to estate agent searches are available for purchase - Matter not proceeding
  - Letter to client enclosing account for payment or refund - Matter not proceeding
- Letter to buyer after completion finalising the matter
- Letter to buyer confirming registration and enclosing copy title and documents
- Letter to buyer confirming registration and title documents sent to lender
- Example invoice
- Invoice recital - Purchase of land
- Enclosure - Explaining the bill
- Closing the file
- File closing checklist
- File review form - Purchase of land
Further information
Comments and suggestions for By Lawyers

ALERTS - Nil
Full Commentary - Mortgages
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
Overview

A mortgage is an instrument creating a legal or equitable charge over land by which a loan is secured. The charge will remain until the security property is sold, when the loan is repaid out of the sale proceeds, or when it is repaid during or at the end of the loan term.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Summary of the process

Mortgage The usual steps in acting for the borrower on a mortgage are:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
A. Getting the matter underway
- File cover sheet - Mortgages
- To do list - Mortgages
- First steps
- Retainer instructions - Mortgages
- Compliance documents
  - Client Due Diligence and Anti-money Laundering Guidance
  - Client Details, Identity Verification and Source of Funds
  - Conflict of interest check
  - Client and matter risk assessment
  - If required - Reporting an issue
    
    Anti-money laundering internal disclosure
- Letter to client enclosing cost quotation for mortgage
- Initial letter to borrower client enclosing Client Care and Terms of Business - Mortgages
- Enclosures for initial letter to borrower client
  - Client care information
  - Terms of business
  - Scope of work - Mortgages
  - Enclosure - Summary of the mortgage offer
  - Enclosure - Mortgage general explanation for borrowers
  - Enclosure - Mortgage questionnaire
  - Verifying identity and source of funds
  - Client identification safe harbour standard
    
    The safe harbour standard, when followed, is regarded by HM Land Registry as a discharge of the practitioner’s duty to verify the identity of a party to a registrable transaction. Schedule 8 of the Land Registration Act 2002 provides that compensation is payable in the event of a mistake on ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Client Details, Identity Verification and Source of Funds
- Initial letter to lender client enclosing Client Care and Terms of Business - Mortgages
- Enclosures for initial letter to lender client
  - Enclosure - Summary of the mortgage offer
  - Client Details, Identity Verification and Source of Funds
- Time and costs estimates
- If required - Letter to client varying the Client Care and Terms of Business
  - Letter to client varying the Client Care and Terms of Business
- General deeds, agreements, statements, declarations, consents, and execution clauses
  - Deeds and agreements
  - Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
  - Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
  - Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
B. The security property, mortgage and parties
- The security property
  
  Identification Those who cannot imagine a mistake in this area easily overlook the need to identify the security property correctly.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Searches
  
  Charging clients for searches Following the case of Brabners LLP v Revenue and Customs (VAT - SUPPLY: Single or multiple) [2017] UKFTT 666 (TC), the supply of searches to clients has been deemed part of the practitioners’ legal services and not a disbursement. The tax position is unclear, but ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Form of mortgage charge
  
  A legal mortgage is created by deed: s 52 Law of Property Act 1925. For high street lending, the contractual relationship is embodied in the mortgage deed, loan offer and accompanying documentation.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Mortgage conditions
  
  A precedent is available from The City of London Law Society for the purchaser’s practitioner to provide undertakings to the practitioner acting for the lender. Conditions within the legal charge document, loan agreement, or accompanying documentation can relate to items such as building insurance, ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Limited interest
  
  A registered title mortgage creates a limited security interest in the land. It does not convey ownership of the land to the mortgagee, which would be the case with a mortgage on an unregistered title.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Remortgage of existing property
  
  The information required to give a clear certificate of title to the lender is much the same on a remortgage as it is for a new mortgage. One key difference for a remortgage is that the lender will often accept search indemnity insurance rather than requiring a local search of the property to be ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Second mortgages
  
  There may be several mortgages secured against a property. However, any lender will need to be satisfied that the borrower still retains enough equity in the property to support another mortgage or is prepared to take another mortgage irrespective of equity. Where a mortgage exists and is ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Bridging loans
  
  These are typically short-term loans used to finance a property purchase. There is a gap between the completion of the purchase and funds available, for example, from a property sale. The terms and interest payable will be less favourable than a standard mortgage. The conditions to be adhered to ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Buy to let mortgages
- Equity release mortgages
  
  Borrowers who wish to mortgage their property but are over the age limit with standard lenders can take out an equity release mortgage. These operate in the same way as other types of legal charge, but the repayment terms are different. Usually, there are no repayments during the borrower's ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Islamic mortgages
  
  In Islamic Sharia Law, it is forbidden to borrow or lend money on terms which attract interest. Therefore, Islamic or halal mortgages are house purchase arrangements that comply with Sharia Law. The bank purchases the property and either grants a lease to the buyer or sells the freehold to them. ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Equitable mortgages
  
  Broadly there are three types of equitable mortgage:
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Mortgages to companies
  
  If the borrower is a company, the charge must be registered at Companies House within 21 days of its creation using a Particulars of charge, form MR01. This can be done online, and a fee is payable: see Registering a charge (mortgage) for a company. If the 21-day deadline is missed, an order ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Institutional lenders
  
  UK Finance UK Finance is a trade association representing the banking and finance industry in the UK.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- UK Finance Mortgage Lenders' Handbook For Conveyancers
- Occupiers
  
  An adult occupier is anyone over the age of 17, including children of the borrower. By law, any adult occupier may have rights of occupation. Therefore, the borrower is required to advise the lender of any adult occupiers in the property.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Guarantors
  
  A mortgage lender may require a guarantor as a condition of the mortgage. This is to spread the risk of non-payment to another party deemed creditworthy. If the mortgage offer requires the participation of a guarantor, a lender will require the guarantor to seek independent legal advice. This is ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- If required - Private mortgage
  - Private lenders
    
    Private loans are often made between friends or family members. Where both parties consent to the same firm acting for them, the files are best handled by different personnel to ensure compliance with regulatory requirements. Both parties must seek separate representation if any conflict of ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - No security loan agreement
  - Mortgage linked loan agreement
  - Legal charge of a registered estate
  - Continuation sheet with standard terms of charge
- Library of common HM Land Registry forms
  - Application for an official search
  - Application for approval of a deed of variation/priority/postponement of a charge
  - Application for cancellation of an entry in the register on proof of discharge
  - Application for the rectification of an entry in the register
  - Application to cancel a restriction
  - Application to enter a restriction
  - Application to cancel entries relating to a registered charge
  - Cancellation of entries relating to a registered charge
  - Entry of a note of consolidation of charges
  - Continuation sheet for use with application and disposition forms
  - Application for first registration
  - Application to enter an obligation to make further advances
  - Application to note agreed maximum amount of security
  - Release of part of the land from a registered charge
  - Application for official search without priority of the land in a registered title
  - Application to cancel entries relating to a registered charge (or which an END has been sent)
  - Application for approval of a standard form of charge deed and allocation of official HM Land Registry reference
  - Application for noting the overriding priority of a statutory charge
  - Application to withdraw a restriction
C. Acting for the lender
- UK Finance Mortgage Lenders' Handbook For Conveyancers
- Letter to borrower’s solicitor when acting for institutional lender
- Electronic mortgage applications
  
  Primarily created for remortgages, the HM Land Registry’s free mortgage deed service allows digital mortgage applications to instantly update the title register without review by a caseworker. Known as the Sign your mortgage deed service, it enables a lender and practitioner to create a digital ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to borrower’s solicitor when acting for private lender
- Enclosures for private mortgage
  - Statutory declaration on incidents of title
  - Authority to complete documents and satisfy requisitions
  - Lender’s requisitions
  - Payment directions
  - Certificate of title
  - Occupier’s consent
D. Acting for the borrower
- UK Finance Mortgage Lenders' Handbook For Conveyancers
- Letter to client acknowledging instructions
- Letter to new lender requesting loan documents
- Letter to freeholder for insurance, ground rent and service charge information
- Letter to management company for management pack
- Letter to client sending summary of the mortgage offer
- Enclosure - Summary of the mortgage offer
- Letter to client with mortgage documents for signing
- Letter to client to make appointment to sign mortgage documents
- Letter to new lender’s solicitor returning signed institutional loan documents
- Letter to new lender’s solicitor returning signed private mortgage loan documents
E. Discharge of existing mortgage
- Discharge of mortgage
  
  Once the principal or secured sum has been repaid, a discharge of the mortgage can be obtained from the lender. The lender usually discharges the mortgage electronically directly with the Land Registry in a process known colloquially as EDS1. There is no form EDS1, and no action by the practitioner ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to client sending authority for lender to provide information
- Authority to lender
- Letter to current lender requesting title deeds and mortgage balance
- Letter to current lender for redemption statement
- Letter to client sending redemption statement
- Letter to client with documents for signing and return
- Cancellation of entries relating to a registered charge
- Application to cancel entries relating to a registered charge
- Application to cancel entries relating to a registered charge (or which an END has been sent)
- Release of part of the land from a registered charge
- Deed of forgiveness of debt
F. If required - Independent legal advice, priorities, assignment and variation
- Independent legal advice
  - Guarantors
    
    A mortgage lender may require a guarantor as a condition of the mortgage. This is to spread the risk of non-payment to another party deemed creditworthy. If the mortgage offer requires the participation of a guarantor, a lender will require the guarantor to seek independent legal advice. This is ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Occupiers
    
    An adult occupier is anyone over the age of 17, including children of the borrower. By law, any adult occupier may have rights of occupation. Therefore, the borrower is required to advise the lender of any adult occupiers in the property.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Occupier’s consent and deed of postponement
  - Acknowledgement of legal advice by proposed borrower
  - Consent to same solicitor legal advice
- Priorities
  - Variation of priority
    
    Priority is based on the time of lodgement for registration. The first mortgage to be registered will take priority over subsequent mortgages. However, the parties may agree to vary the order of priority by postponing the interests of the first lender behind those of the second or subsequent ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Deed of priority
- Assignment
  - Assignment of mortgage
    
    A lender may want to sell outstanding loans to another lender to liquidate assets into cash to lend to new borrowers or invest elsewhere. A mortgage is a contract and therefore is assignable.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Notice of assignment of simple debt
  - Deed of assignment of debt - Concise
  - Deed of assignment of debt - Extensive
  - Letter to client with documents for signing and return
- Variation
  - Porting of mortgage
    
    A new mortgage offer is usually required where an existing lender agrees to the borrower moving, or ‘porting’, the loan security from one property to another. The practical effect of porting a mortgage is the discharge of the old mortgage and the uptake of a new mortgage on the same terms. Usually, ...
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Variation of mortgage
    
    The terms of a mortgage may be varied, and the variation may be registered by way of a deed of variation. Some mortgages also provide that the original mortgage covers further advances by the lender without any variation.
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Application to change the register
  - Deed of variation of mortgage
  - Deed of substituted security
  - Application to enter an obligation to make further advances
  - Application to note agreed maximum amount of security
  - Application to enter a restriction
  - Application to cancel a restriction
  - Application to withdraw a restriction
  - Letter to client with documents for signing and return
G. Default
- Default
  
  Default is the failure by the borrower to perform or observe obligations, known as covenants, contained in the mortgage. The most common default occurs when the borrower fails to make the loan repayments, resulting in arrears and interest accruing.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Default notice section 103 of the Law of Property Act 1925
- Obtaining possession
  
  Pre-action protocol There is a pre-action procedure protocol applicable to residential property, which the lender must adopt before exercising any rights the lender may have to take possession, sell or foreclose.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to borrower with notice under section 103 Law of Property Act 1925
- Transfer of part of registered title(s) under Power of sale
- Transfer of whole of registered title(s) under Power of sale
- Foreclosure
  
  An alternative to exercising a power of sale is foreclosure. The key difference is that a power of sale gives the lender the right to take possession and sell the property to recoup the money owing under their mortgage and pay the balance back to the borrower. In contrast, on foreclosure, the ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
H. Completion
- Immediately before completion
  
  Pre-completion searches
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Documents to be held on completion
  
  Ensure before completion that the signed legal charge and any other documentation the lender requires are held, together with the discharge of any existing mortgage or appropriate undertakings. If the mortgage is part of wider legal work, retain documents relating to those transactions in ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Date and time for completion
  
  If acting on a purchase, this is agreed between the seller and the buyer when exchange of contracts occurs. The buyer’s practitioner will usually act for both the buyer and the lender and owe a professional duty of care. Pre-completion actions are carried out on their behalf to protect both their ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to new lender regarding completion date and sending certificate of title
- Letter to client regarding completion date
- Payment at completion
  
  Before completion, a completion statement is prepared by the seller’s practitioner, which sets out the movement of funds for approval by the parties and reconfirmation of account details for the transfer of the funds. The buyer’s practitioner will send the lender’s prescribed, completed, and signed ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Completion Statement
- Letter to client sending completion statement and requesting payment details
- Letter to current lender confirming repayment and requesting discharge
I. Registration
- Registration
  
  Registration of the legal charge is carried out by sending a form AP1 Application to Change the Register to the Land Registry with a certified copy of the mortgage deed. The fee is calculated in accordance with HM Land Registry’s Scale 2. If the property purchase was subject to a mortgage, then all ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Application to change the register
- Letter to Land Registry with DS1 for registration
- Particulars of a charge
- If required - Deadline missed for registration of company mortgage
  - Claim form (CPR Part 8) (Appendix A, B and C)
  - Example content - Witness statement - Company director
J. Finalising the matter
- Documents following registration
  
  Lenders rarely require documents following completion and registration, but their instructions should be checked for clarification. Usually, a copy of the Land Registry title information document and a copy of the new mortgage deed will suffice, along with any occupiers consent form or additional ...
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- Letter to borrower client confirming completion
- Letter to new lender client confirming completion
- If required - Following registration
  - Letter to client sending copy of title information document
  - Letter to new lender client confirming registration effected
- Example invoice
- Invoice recital - Mortgages
- Enclosure - Explaining the bill
- Closing the file
- File closing checklist
- File review form - General
Further information
Comments and suggestions for By Lawyers

A complete matter management solution for lawyers, conveyancers and support staff running a busy conveyancing law practice

Overview

Precedents in this publication include:

3 Matter Plans Included

Our Authors