Guide to reviewing certificate of title
Guide to reviewing certificate of title

The following Property practice note provides comprehensive and up to date legal information covering:

  • Guide to reviewing certificate of title
  • Use of Certificate of title
  • Reviewing and agreeing a Certificate
  • Certificate—main part
  • Schedule 1—definitions, interpretation, assumptions, qualifications and applicable law
  • Certificate Schedule 2—property details
  • Certificate Schedule 3—matters affecting the property
  • Certificate Schedule 4—the Lease
  • Certificate Schedule 5—the Letting Documents
  • Certificate Schedule 6—searches and enquiries
  • More...

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures apply. EPC assessments should only be conducted in accordance with government advice on home moving during the coronavirus outbreak and where the EPC assessment can be conducted safely—see Practice Note: Coronavirus (COVID-19)—implications for property — EPCs and social distancing.

Use of Certificate of title

The City of London Law Society (CLLS) Certificate of Title (7th edition, 2016 update) (Certificate) is generally accepted as the industry standard form of certificate of title for commercial transactions in England and Wales. See Practice Notes: What is a certificate of title? and Guide to drafting a certificate of title.

A number of Scottish firms have collaborated in producing a certificate equivalent to the CLLS Certificate for use in Scotland. See Property Standardisation Group Certificate of Title.

In this Practice Note, the party preparing the Certificate is referred to as the 'certifier'; the party/ies receiving the Certificate is referred to as the 'addressees'; and the borrower/purchaser (in relation to the latter on a share sale) on whose behalf the Certificate is being given is referred to as the 'Company', as they are in the Certificate.

Certificates are most frequently used in the following circumstances:

  1. a lending context, for example, when solicitors acting for the borrower provide a Certificate to the funder

  2. corporate

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