Completion Flashcards
Summary of completion
What must a buyer’s solicitor do before completion?
- Draft transfer deed for seller’s solicitor’s approval and then arrange for buyer to sign it if it contains indemnity covenants (or any other obligation on part of buyer)
- Send requisitions on title to seller’s solicitor
- Carry out relevant pre-completion searches
- Send certificate of title to lender and request loan advance in time for completion
- Send buyer statement of money needed to complete purchase
- SDLT form approved by client
What must a seller’s solicitor do before completion?
- Approve transfer deed drafted by buyer’s solicitor
- Arrange for transfer to be executed by seller
- Reply to requisitions on title
- Request redemption statement from seller’s lender (if any)
- In residential sale, ask seller/agent to take final meter readings
Who drafts the transfer deed?
- Default position in SCS and SCPC = seller’s solicitor drafts contract and buyer’s solicitor drafts transfer deed
- More common for seller’s solicitor to draft both at same time
buyer drafts transfer deed (backwards letter)
What must the form of the transfer of land take?
Deed
What is the most common LR form to be used? Must it be different for unregistered land?
LR forms must be used for registered land
TR1 to transfer whole of freehold or leasehold title - can be used for both reg and unreg land
When would a TP1 or TR5 be used?
- TP1 = transfer of only part of reg title
- TR5 = transfer of portfolio of reg (and maybe unreg) titles
TP1 = Part
TR5 = 5 looks like S = plural = multiple titles = portfolio
Why would a conveyance be used?
Where only part of the property is being sold
Can unregistered title still be transferred in the form of conveyance?
Ues - but in practice will use TR1
What are the 12 panels in the TR1?
- Title number
- Property
- Date
- Transferor(s)
- Transferee(s)
- Address for service
- Transfer wording
- Consideration
- Title guarantee
- Declaration of trust
- Additional provisions
- Execution
What is put in the title number panel for unregistered proprerty?
Nothing - left blank
What information is included in the ‘property’ panel?
Brief description - for most will be addresses from official copies or root of title
What is the effect of entering the date on the TR1?
Will complete the deed; so left blank until then
Will be handwritten on completion
When completing the ‘transferor(s)’ panel, what is the case for…
1. Seller’s name different from when they bought the property (e.g. marriage)
2. Second T appointed for a sole surviving tenant in common
3. Transferor is a company
- Marriage certificate provided
- Their details (and death certificate for deceased)
- Registered number
What is the maximum amount of names for the ‘transferee(s)’ section?
4 people/companies
In the ‘address for service’ panel, what is used for the buyer’s address?
The address of the bought property, not the pre-completion address like in contract!
Can the wording in the ‘transfer wording’ tile be amended?
No - it operates to transfer title
What are the 3 tick boxes under the ‘consideration’ panel?
- Sum of money
- No monetary considration (gift, existing Ts to new Ts)
- Other receipts (swapping properties, paying off debt)
Must the ‘declaration of trust’ panel always be filled out?
Can be skipped if both legal and beneficial title being transferred to a sole transferee
Otherwise used to indicate whether transferees hold as beneficial joint tenants or tenants in common (or holding on unequal shares, etc.)
What might be included in the ‘additional provisions’ panel?
- Indemnity covenant for positive covenants
- New covenants and easements (more common for transfers of part)
- Appointment of second T (where transferor is a sole surviving tenant in common)
What clause is included in the ‘execution’ panel and what does it do?
Attestation clause(s) - allow parties to execute TR1 as a deed
In what circumstances will transferees execute the TR1?
Transferor always will
If transferees…
- are tenants in common or
- agree to hold property on trust for someone else, or
- are providing an indemnity covenant or other obligation (e.g. easement, restrictive covenant etc.)
Where a TP1 - transfer of part of transferor’s title - is used, how is the part identified?
With a plan (panel 3) attached to the TR1
‘Additional provisions’ panel 12 (like panel 11 in TR1) provides appropriate headings like “Rights granted for the benefit of the property” and “Rights reserved for the benefit of other land”.
Where a TR5 - transfer of portfolio titles - is used, what is the main difference?
Panel 1 contains a table where a number of properties and their title numbers (if registered) can be set out.
Example: Nicholson Hotels Limited want to transfer 50 hotels to a property holding company. The TR5 would be used, and the description and title number of each hotel included in Panel 1.