Residential searches and enquiries

Residential searches and enquiries guidance:

What additional searches should be undertaken? More specific searches and enquiries may be required depending on the property location, its surrounding area and the...

Practice Note

Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an interest in property,...

Practice Note

What is chancel repair liability? Chancel repair liability is an ancient interest which potentially benefits pre-Reformation churches in England and Wales. It enables...

Practice Note

The class of title reflects the quality of title that the registrar has found on examination of the unregistered title deeds, and other evidence lodged at the time of...

Practice Note

Compulsory first registration The buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a statutory duty to apply...

Practice Note

Stamp duty Check that each document prior to 1 December 2003 has been correctly stamped. Where necessary, ask the seller to apply for late stamping at his own cost....

Practice Note

You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding interests affecting...

Precedents

Section 62 of the Law of Property Act 1925 (LPA 1925) (section 62) is, in essence, a word-saving device. However, it can also operate on a conveyance of part to convert a...

Practice Note

Brexit impact As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

What are overriding interests? Overriding interests are interests which are binding on property even though they do not appear on the register. They fall into two...

Practice Note

Land charges are registered to protect the interests, in unregistered land, of a person who does not hold the title deeds and thus cannot physically control when and how...

Practice Note

On first registration of an estate in land, the registrar will decide what class of title can be awarded based on the quality of title that they have found on examination...

Practice Note

Coronavirus (COVID-19): HM Land Registry has introduced a new Practice Guide 67A: temporary changes to HM Land Registry’s evidence of identity requirements that deals...

Practice Note

Law Society practice notes clarify the Law Society's position on good practice in relation to particular issues and areas of law but are not intended as legal advice or...

Practice Note

An important part of the process of buying or leasing a property is raising pre-contract enquiries. There are many scenarios where enquiries may need to be raised,...

Practice Note

The Local Authority search is a search of the Local Authority’s records in respect of the property. It is made up of three forms: LLC1, CON29 and CON29O. When reporting...

Practice Note

This Practice Note sets out what fraudulent, negligent and innocent misrepresentations and negligent misstatements are in a property context and the differences between...

Practice Note

Mortgagee’s consent to grant of lease If a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written evidence of consent must...

Practice Note

Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered proprietor and any person...

Practice Note

Official search with priority—registered land or seller’s title pending first registration How and when to search? An official search with priority will only protect: • a...

Practice Note

A seller is under no legal obligation to reply to enquiries before contract. However, in practice failure or refusal to provide replies to enquiries will not be accepted....

Practice Note

From the middle of the 19th century, Parliament encouraged individuals to give land for charitable purposes (notably education and religion) by allowing the land in...

Practice Note

What is the duty of disclosure? When a seller enters into a contract for the sale of land, there is an implied obligation that it will give good title free from all...

Practice Note

Pre-contract searches must be carried out to reveal as much information about the property as possible before purchase. They are usually carried out by the buyer’s...

Practice Note

UK Finance As of 1 July 2017, the finance and banking industry operating in the UK is represented by a new trade association called UK Finance. It has taken on activities...

Practice Note

A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required to show a perfect...

Practice Note
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