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Conveyancing

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

2 Matter Plans

Overview

The commentaries cover issues that arise regularly and those that are more complex and occur occasionally. Topics include client due diligence, risk assessment, searches, surveys, enquiries, mortgages, lender requirements, reporting to clients, exchange of contracts, completion, taxation, and registration. Freehold, leasehold, commonhold, and commercial properties are discussed in depth.

The Reference materials folder includes a glossary of common conveyancing terms and guidance on electronic signing and witnessing. The comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • a Library of special conditions;
  • a Library of common transfer of part clauses;
  • enclosures for clients explaining the process;
  • a full suite of letters to: clients, estate agents, lenders, and conveyancers;
  • enquiries;
  • reports on title;
  • deeds of: variation of rentcharge, easement, covenant, rectification, and overage;
  • a Reservation Agreement;
  • Notice to Complete.
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2 Matter Plans Included

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

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  • Item icon Summary of the process
    The usual steps in acting for the seller on the sale of land are:

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  • Folder icon A. Getting the matter underway
    • Item icon E-conveyancing
      During the drafting of the Land Registration Act 2002 the Law Commission said:

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    • Item icon 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 ...

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    • Item icon Letter to client with cost quotation
    • Item icon File cover sheet - Sale of land
    • Item icon To do list - Sale of land
    • Item icon General considerations
    • Item icon Retainer instructions - Sale of land
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon 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 ...

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      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Initial letter to client enclosing Client Care and Terms of Business and documents for signing
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information - Conveyancing
      • Item icon Terms of business
      • Item icon Scope of work - Sale of commercial property
      • Item icon A summary of the conveyancing process
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Sale questionnaire
      • Item icon Overriding interests questionnaire
      • Item icon Letter of authority to lender
      • Item icon Sellers' replies to standard additional enquiries
      • Item icon Law Society property information form (4th edition 2020 - second revision)
      • Item icon Law Society Property information form (5th edition) (2024)
      • Item icon Law Society fittings and contents form
      • Item icon Leasehold information form (4th edition) (2024)
      • Item icon Enclosure - Conveyancing glossary
      • Item icon Letter to client disclosing estate agent referral fee
    • Item icon Initial letter to estate agent memorandum received
    • Item icon Initial letter to buyer's solicitor advising we will forward the contract
    • Item icon 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 ...

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    • Item icon Letter to client requesting title deeds
    • Item icon Letter to client following up request for title deeds
    • Folder icon If required - Return of information
      • Item icon Letter to seller requesting return of documents
      • Item icon Letter to buyer's solicitor awaiting information from client
    • Folder icon If required - Acting for both parties
      • Item icon Letter to client when acting for both parties
      • Item icon Consent to same firm acting for all parties
    • Folder icon If required - Correcting an error on the title register
      • Item icon Letter to Land Registry with enclosure - General
      • Item icon Letter to Land Registry enclosing AP1 to change the register and supporting documents
      • Item icon Application to change the register
      • Item icon Letter to Land Registry requesting contribution to indemnity insurance policy
    • Folder icon If required - Powers of attorney and deputy court orders
      • Item icon 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 ...

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      • Item icon Certificate as to execution of power of attorney (HMLR Rule 61 - Appendix A)
      • Item icon 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)
    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing consent - General
          • Item icon Letter to third party enclosing consent - General
          • Item icon General letter enclosing client consent
          • Item icon General letter enclosing third party consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. Freehold, Leasehold and commonhold management
    • Folder icon Freehold
      • Item icon Letter to managing agent requesting freehold management enquiries
      • Item icon Freehold management enquiries
    • Folder icon Leasehold
      • Item icon Letter to freeholder requesting consent and leasehold property enquiries
      • Item icon Letter to landlord requesting consent and leasehold property enquiries
      • Item icon Letter to managing agent requesting consent and leasehold property enquiries
      • Item icon Letter to management company requesting consent and leasehold property enquiries
      • Item icon Leasehold property enquiries
      • Item icon Buyers leasehold information summary
    • Folder icon Commonhold
      • Item icon Letter to managing agent requesting commonhold information form
      • Item icon Letter to management company requesting commonhold information form
      • Item icon Commonhold information form
  • Folder icon C. Sale bundle for prompt exchange
    • Item icon Sale bundle cover page and index
    • Item icon Contract incorporating the standard conditions of sale (fifth edition - 2018 revision)
    • Item icon InfoTrack
    • Item icon Epitome of title
    • Item icon Letter to buyer's solicitor enclosing sale bundle
    • Item icon Letter to client confirming sale bundle issued
    • Item icon Letter to estate agent advising sale bundle issued
    • Item icon Letter to buyer's solicitor enclosing outstanding documents
    • Item icon Letter to client confirming complete contract has been provided
    • Item icon Letter to estate agent advising that complete contract has been provided
    • Folder icon If required - Other conditions of Sale forms and agreement and transfer for new build
      • Item icon Contract incorporating the standard conditions of sale (fifth edition - 2018 revision) - long form
      • Item icon Explanatory notes on the standard conditions of sale (fifth edition) (April 2011)
      • Item icon Contract incorporating standard commercial property conditions (third edition - 2018 revision)
      • Item icon Standard commercial property conditions - explanatory notes (third edition) (May 2017)
      • Item icon Agreement for sale of a new build - Part 1 of 2 - Particulars
      • Item icon Agreement for sale of a new build – Part 2 of 2 – Terms and conditions
      • Item icon Transfer of part of registered title(s)
      • Item icon Clause - TP1 Transfer of Part
      • Folder icon Library of common transfer of part clauses
        • Item icon Transfer of part - Restrictive covenant - Alterations
        • Item icon Transfer of part - Positive covenant - Boundary responsibility
        • Item icon Transfer of part - Positive covenant - Indemnity
        • Item icon Transfer of part - Positive covenant - Reference to another title
        • Item icon Transfer of part - Restrictive covenant - Right of first refusal
        • Item icon Transfer of part - Right to light and air
        • Item icon Transfer of part - Service installations
        • Item icon Transfer of part - Right - Shared accessway
        • Item icon Transfer of part - Restrictive covenant - Use
        • Item icon Clause - Overage schedule
    • Item icon 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.

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    • Item icon 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 ...

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    • Item icon 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 ...

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    • Item icon 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 ...

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    • Item icon Planning considerations
      Legislation made under the Town and Country Planning Act 1990 widened existing permitted development rights by introducing rights:

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    • Folder icon Library of real property deeds and option precedents
      • Item icon Deed of covenant
      • Item icon Deed of covenant - Short form
      • Item icon Development agreement
      • Item icon Deed of easement - General
      • Item icon Deed of easement - Incorporating mutual obligations for positive covenants to run with land
      • Item icon Notice of exercise of option
      • Item icon Option to purchase
      • Item icon Overage deed
      • Item icon Put and call option
      • Item icon Deed of rectification
    • Folder icon If required - Reservation agreement
      • Item icon Reservation agreement
    • Folder icon If required - Overseas entities - Sign in or create Companies House account and Land Registry certificates
      • Item icon Sign in to WebFiling – GOV.UK
      • Item icon Land Registry Form 7 – Certificate of powers of overseas companies – HM Land Registry
      • Item icon 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
      • Item icon Certificate OE2 – Certificate to support an application to register a disposition of a qualifying estate
  • Folder icon D. Contract
    • Item icon 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 ...

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    • Item icon Contract incorporating the standard conditions of sale (fifth edition - 2018 revision)
    • Item icon Contract incorporating the standard conditions of sale (fifth edition - 2018 revision) - long form
    • Item icon Explanatory notes on the standard conditions of sale (fifth edition) (April 2011)
    • Item icon 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.

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    • Item icon 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 ...

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    • Folder icon Library of special conditions
      • Item icon Additional costs - Searches
      • Item icon Additional costs - Sale bundle
      • Item icon Allowance or indemnity policy
      • Item icon Annexation of transfer
      • Item icon Auction
      • Item icon Completion subject to mortgage offer - Concise
      • Item icon Completion subject to mortgage offer - Extensive
      • Item icon Completion subject to mortgage offer - Named lender
      • Item icon Completion subject to mortgage offer - Nominated amount
      • Item icon Completion subject to repair
      • Item icon Completion subject to search and enquiry
      • Item icon Costs on notice to complete
      • Item icon Deposit less than 10%
      • Item icon Indemnity
      • Item icon Limiting Law of Property Act 1994 implied covenants
      • Item icon Guarantee corporate buyer
      • Item icon Overage clause
      • Item icon Part exchange clause for purchase price in Contract
      • Item icon Part exchange clause for box 8 in Transfer deed
      • Item icon Property sold subject to a tenancy agreement
      • Item icon Retention for service charge works
      • Item icon Retention for service charge apportionments
      • Item icon Tenancy and deposit scheme
    • Folder icon If required - Restriction on title
      • Item icon Restriction - consent or certificate
    • Item icon 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:

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    • Folder icon If required - first registration with lost or destroyed deeds
      • Item icon Letter to HM Land Registry in support of application for first registration with lost or destroyed deeds
      • Item icon Application for first registration
      • Item icon List of documents
      • Item icon Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
      • Item icon Certificate of identity for a private individual
      • Item icon Certificate of identity for a body corporate
    • Item icon 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 ...

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    • Item icon Deed of variation of rentcharge
    • Item icon 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 ...

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    • Item icon 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 ...

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  • Folder icon E. Mortgages
    • Item icon 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 ...

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    • Item icon UK Finance Mortgage Lenders' Handbook For Conveyancers
    • Item icon Letter to client sending lender's authority for signing
    • Item icon Letter of authority to lender
    • Item icon Letter to lender requesting title deeds
    • Item icon Letter to lender requesting redemption statement
    • Item icon Letter to client enclosing initial redemption statement
    • Item icon Letter to buyer's solicitors advising form to be used for discharge
  • Folder icon F. Replying to enquiries
    • Item icon 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 ...

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    • Item icon 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 ...

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    • Folder icon Freehold
      • Item icon Letter to client enclosing draft replies to enquiries for completion
      • Item icon Enclosure - Replies to enquiries
      • Item icon Letter to estate agent confirming additional enquiries received
      • Item icon Letter to buyer's solicitor enclosing replies to requisitions, approving transfer and advising additional enquiries sent to client
      • Item icon Letter to buyer's solicitor enclosing replies to additional enquiries
      • Item icon Letter to client advising replies to additional enquiries sent to buyer's solicitor
      • Item icon Letter to estate agent confirming replies to additional enquiries sent to buyer's solicitor
      • Folder icon If required - Further additional freehold enquiries
        • Item icon Enclosure - Replies to enquiries
        • Item icon Letter to client enclosing draft replies to further additional enquiries for completion
        • Item icon Letter to buyer's solicitor enclosing replies to further additional enquiries
        • Item icon Letter to client advising replies to further additional enquiries sent to buyer's solicitor
      • Folder icon If required - Chasing replies to enquiries
        • Item icon Letter to client seeking replies to enquiries
        • Item icon Letter to client seeking replies to further additional enquiries
    • Folder icon Leasehold
      • Item icon Mandatory information required from leaseholders and building owners
      • Folder icon Requesting information
        • Item icon Letter to freeholder requesting information
        • Item icon Letter to managing agent requesting information
        • Item icon Letter to management company requesting information
        • Item icon Letter to client enclosing draft replies to leasehold enquiries for completion
        • Item icon Enclosure - Replies to enquiries
      • Folder icon Progress of information
        • Item icon Letter to client advising leasehold enquiries sent to landlord or managing agent
        • Item icon Letter to buyer's solicitor advising replies being sought to leasehold enquiries
      • Folder icon Making additional enquiries
        • Item icon Letter to freeholder enclosing additional leasehold enquiries
        • Item icon Letter to managing agent enclosing additional leasehold enquiries
        • Item icon Letter to management company enclosing additional leasehold enquiries
        • Item icon Letter to buyer's solicitor advising additional leasehold enquiries sent and enclosing replies to requisitions and approval of transfer
      • Folder icon Progress of and payment for additional information
        • Item icon Letter to estate agent confirming additional enquiries received
        • Item icon Letter to freeholder with payment for replies to additional leasehold enquiries
        • Item icon Letter to managing agent with payment for replies to additional leasehold enquiries
        • Item icon Letter to management company with payment for replies to additional leasehold enquiries
        • Item icon Letter to client advising replies to additional leasehold enquiries sent to buyer's solicitor
        • Item icon Letter to buyer's solicitor enclosing replies to additional leasehold enquiries
        • Item icon Letter to estate agent confirming replies to additional enquiries sent to buyer's solicitor
      • Folder icon If required - Further additional leasehold enquiries
        • Item icon Enclosure - Replies to enquiries
        • Item icon Letter to freeholder enclosing further additional leasehold enquiries
        • Item icon Letter to management company enclosing further additional leasehold enquiries
        • Folder icon Letters advising additional enquiries sent
          • Item icon Letter to client advising further additional leasehold enquiries sent to landlord or managing agent
          • Item icon Letter to buyer's solicitor advising further additional leasehold enquiries received
        • Folder icon Letters advising replies sent
          • Item icon Letter to client advising replies to further additional leasehold enquiries sent
          • Item icon Letter to buyer's solicitor enclosing replies to further additional leasehold enquiries
      • Folder icon If required - Chasing replies
        • Item icon Letter to client seeking replies to enquiries
        • Item icon Letter to client seeking replies to further additional enquiries
        • Item icon Letter to freeholder seeking replies to leasehold enquiries
        • Item icon Letter to freeholder seeking replies to further additional enquiries
        • Item icon Letter to management company seeking replies to leasehold enquiries
        • Item icon Letter to management company seeking replies to further additional enquiries
    • Folder icon If required - Additional documentation and chasing enquiries
      • Item icon Letter to buyer's solicitor enclosing additional documentation
      • Item icon Letter to buyer's solicitor when no response received to sale bundle
      • Item icon Letter to buyer's solicitor asking if they have any additional enquiries
  • Folder icon G. Signing and exchange
    • Item icon 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.

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    • Item icon Letter to buyer's solicitors with suitable completion date
    • Item icon Letter to buyer's solicitor enclosing amended contract and transfer
    • Item icon Letter to client enclosing contract and transfer for signature
    • Item icon Letter to client enclosing contract, transfer, stock transfer and statutory declaration for signature
    • Item icon Letter to client requesting return of documents sent for signing
    • Folder icon If required - Occupier's consent
      • Item icon Letter to occupier regarding signing contract
    • Folder icon If required - Delay
      • Item icon Letter to seller notifying them of a delay
      • Item icon Letter to other side's solicitor notifying them of a delay
      • Item icon Letter to estate agent notifying them of a delay
    • Item icon 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 ...

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    • Item icon 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.

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    • Item icon Letter to buyer's solicitor confirming we hold a signed contract and are in a position to exchange
    • Item icon Letter to buyer's solicitor with contract, exchange details, requisitions and completion information
    • Item icon Letter to client confirming exchange
    • Item icon Enclosure - Client completion checklist - Sale
    • Item icon Letter to estate agent confirming exchange and requesting commission details
    • Folder icon If required - Chasing exchange documents
      • Item icon Letter to buyer's solicitor advising we have not received the buyer's signed contract or deposit
    • Item icon 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 ...

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  • Folder icon H. Mid-transaction
    • Item icon 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.

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    • Item icon Letter to buyer's solicitor requesting draft transfer and requisitions on title
    • Item icon Letter to buyer's solicitor transfer approved - Enclosing requisition replies and completion information
    • Item icon Replies to TA13 Completion information and undertakings
    • Item icon Letter to client advising service charges and retention required
    • Item icon Letter to freeholder for insurance, ground rent and service charge information
    • Item icon 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 ...

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    • Folder icon Library of common land and duty forms and declarations
      • Folder icon Land Registry
        • Item icon Application for cancellation of an entry in the register on proof of discharge
        • Item icon Application to change the register
        • Item icon Assent of whole of registered title(s) by personal representative(s)
        • Item icon Application to cancel entries relating to a registered charge
        • Item icon Cancellation of entries relating to a registered charge
        • Item icon Application to cancel a caution against dealings
        • Item icon Application to cancel a caution against first registration
        • Item icon Change of name (transgender and non-binary)
        • Item icon Assent of charge by personal representative(s)
        • Item icon Entry of a note of consolidation of charges
        • Item icon Application to remove from the register the name of a deceased joint proprietor
        • Item icon Caution against first registration
        • Item icon Legal charge of a registered estate
        • Item icon Application to enter an obligation to make further advances
        • Item icon Application to note agreed maximum amount of security
        • Item icon Assent of part of registered title(s) by personal representative(s)
        • Item icon Transfer of part of registered title(s) under Power of sale
        • Item icon Transfer of part of registered title(s)
        • Item icon Transfer of whole of registered title(s) under Power of sale
        • Item icon Transfer of whole of registered title(s)
        • Item icon Application to withdraw a caution
        • Item icon Application to withdraw a restriction
        • Item icon Restriction - consent or certificate
        • Item icon Application for first registration
        • Item icon List of documents
        • Item icon Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds
        • Item icon Certificate of identity for a private individual
        • Item icon Certificate of identity for a body corporate
      • Folder icon Land Charges
        • Item icon Application for registration of a Land Charge
        • Item icon Application for registration of a Land Charge of class F
        • Item icon Application for registration of a pending action
        • Item icon Application for registration of a writ or order
        • Item icon Application for registration of a deed of arrangement
        • Item icon Application for registration of a priority notice
        • Item icon Application for the renewal of a registration
        • Item icon Application for the renewal of a registration of a Land Charge of Class F
        • Item icon Application for the rectification of an entry in the register
        • Item icon Continuation of an application
        • Item icon Application to cancel an entry in the Land Charges Register (other than class F)
        • Item icon Application to cancel a pending action entry in the Land Charges Register
        • Item icon Application for cancellation of an entry in the Register under special directions of the Registrar
        • Item icon Application for cancellation of a Land Charge of class F
        • Item icon Application for an official search (not applicable to registered land)
        • Item icon Application for an official search (bankruptcy only)
        • Item icon Application for an office copy of an entry in the Register
        • Item icon Application for a certificate of the cancellation of an entry in the Register
        • Item icon Register of local land charges (requisition for search and official certificate of search)
      • Folder icon HMRC
        • Item icon (Legacy) Application for a clearance certificate
        • Item icon (Legacy) Assets ceasing to be held on discretionary trusts - proportionate charge
        • Item icon Capital gains tax summary
        • Item icon (Legacy) Claim for residence nil rate band (RNRB)
        • Item icon (Legacy) Claim to transfer any unused residence nil rate band
        • Item icon (Legacy) Claim to transfer unused inheritance tax nil rate band
        • Item icon (Legacy) Claim to transfer unused nil rate band for excepted estates
        • Item icon (Legacy) Claim to transfer unused nil rate band
  • Folder icon I. If required - Deterioration, disputes and notices
    • Item icon 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 ...

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    • Item icon 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, ...

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    • Item icon 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 ...

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    • Item icon 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 ...

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    • Item icon Notice to complete - Sale
    • Item icon Notice of rescission - Sale
    • Item icon Letter to other side's solicitor serving notice
    • Item icon Letter to other side serving notice
    • Item icon Letter to other side's solicitor disputing notice to complete
    • Item icon Response to letter disputing notice to complete
    • Item icon Deed of mutual rescission of contract
    • Item icon COVID19 variation agreement
    • Item icon Guidance for using the COVID19 variation agreement
  • Folder icon J. Immediately before completion
    • Item icon 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 ...

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    • Item icon Letter to buyer's solicitor enclosing completion statement and copy of signed transfer
    • Item icon Replies to TA13 Completion information and undertakings
    • Item icon Apportionment Statement
    • Item icon Letter to lender requesting final redemption statement
    • Item icon Enclosure - Client completion checklist - Sale
    • Item icon Letter to client with completion statement, redemption statement and our account
    • Item icon Completion Statement
    • Item icon Letter to estate agent notifying date and time for completion
  • Folder icon K. Completion
    • Item icon 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.

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    • Item icon Letter to seller confirming completion
    • Item icon Letter to buyer's solicitors with transfer and other documents after completion
    • Item icon Letter to lender confirming redemption of charge
    • Item icon Letter to estate agent confirming completion and paying commission
    • Folder icon If required - Tenant
      • Item icon Letter to tenant confirming new owners and directing future rent payments
  • Folder icon L. Post-completion
    • Item icon 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.

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    • Item icon Memo to accounts department
    • Item icon Letter to lender requesting evidence of registration of the discharge
    • Folder icon If required - Chasing evidence of discharge
      • Item icon Letter to lender asking lender to discharge charge in order to register
    • Item icon Letter to buyer's solicitor with title deeds from lender
    • Item icon Letter to buyer's solicitor enclosing evidence of discharge of mortgage
    • Item icon Letter to buyer's solicitor requesting copies of final accounts for the service charge retention
    • Item icon Letter to buyer's solicitor confirming that retention may now be released
    • Folder icon If required - Title insurance
      • Item icon Letter to title insurer with payment for policy
  • Folder icon M. Finalising the matter
    • Folder icon If required - Matter not proceeding
      • Item icon Letter to client when sale is not proceeding - Reimbursing unused fees
      • Item icon Letter to client when sale is no longer proceeding with invoice
      • Item icon Letter to estate agent when sale is not proceeding
      • Item icon Letter to lender returning title deeds when sale is not proceeding
    • Item icon Letter to seller finalising the matter
    • Item icon Example invoice
    • Item icon Invoice recital - Sale of land
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - Sale of land
  • Item icon Further information
  • Item icon Comments and suggestions for By Lawyers

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