Conveyancing Flashcards
(10 cards)
What is a typical conveyancing timeline
1. Seller sends contract pack
Start of transaction
2. Buyer’s solicitor reviews docs
Immediately after contract pack
3. Buyer’s solicitor raises enquiries
Shortly after reviewing docs
4. Searches instructed
Usually just before or while enquiries are being raised
5. Search results received
Within a few days to weeks after instruction
6. Buyer’s solicitor reviews searches & replies
After results come back; may raise follow-up enquiries
What is included in contract pack
1. Draft Contract of Sale
Sets out the parties, price, property details, and standard conditions.
2. Official Copy of the Register (Title Register)
From the Land Registry — proves the seller owns the property.
3. Official Copy of the Title Plan
Shows the boundaries of the property.
4. Any Relevant Title Documents
e.g., old conveyances, deeds, transfers, leases (for leasehold), or restrictions.
5. Property Information Form (TA6)
Completed by the seller — discloses info about boundaries, disputes, utilities, alterations, etc.
6. Fittings and Contents Form (TA10)
Lists what is included in the sale (e.g., light fittings, appliances, furniture).
7. Leasehold Information Form (TA7) (if leasehold)
Additional details about ground rent, service charges, management company, etc.
8. Lease (if leasehold)
The full lease document governing the property.
9. Management Pack (if leasehold or part of a managed estate)
Information from the freeholder or managing agent on service charges, insurance, and maintenance.
What is Transfer Deed (TR1 form)
TR1 form is standard form used when freehold or leasehold property is being sold or transferred.
The TR1 must be signed by the seller (and sometimes the buyer) and is required to register the new owner with HM Land Registry after completion.
The Transfer Deed (TR1) is not usually included in the initial contract bundle sent at the beginning of the transaction. It comes later, once the buyer’s solicitor is satisfied with all the pre-contract enquiries and both parties are preparing for exchange and completion.
What information is recorded on Transfer Deed
1. Title Number
The official Land Registry title number for the property being transferred.
2. Property Description
The full address and description of the property (e.g. flat number, postcode, etc.).
3. Date of Transfer
The date the transfer takes effect (usually the completion date).
4. Transferor(s)
The full name(s) of the seller(s) – must match the current title register.
5. Transferee(s)
The full name(s) of the buyer(s).
Their address(es) for service – must include at least one UK address.
6. Consideration
The price paid (e.g., “The transferor has received £350,000”) or a statement like “no money or other consideration” (if it’s a gift).
7. Title Guarantee
Whether the seller is giving a:
- Full title guarantee (usual in sales).
- Limited title guarantee (e.g., from a personal representative).
- Or none at all.
8. Declaration of Trust (optional)
States how the buyers will hold the property:
- Joint tenants (equal and automatic survivorship),
- Tenants in common (specific shares),
- Or refer to a separate trust deed.
9. Additional Provisions (optional)
Any special terms being agreed, such as:
- Rights of way
- Retained covenants
- Overages, easements, etc.
10. Execution / Signatures
- Signed by the seller(s) (always).
- Signed by the buyer(s) only if: there’s a declaration of trust, or additional provisions require it.
- Must be witnessed with full names and addresses of witnesses.
What pre-contract enquiries to raise with the seller
1. Title Issues
- Are there any restrictions, easements, or covenants affecting the title?
- Are there rights of way, shared access, or boundary disputes?
- Are there any charges or notices on the title that will be cleared before completion?
2. Documents & Consents
- Copies of any planning permissions or building regulation certificates for works done.
- Evidence of FENSA certificates (for replacement windows/doors).
- Copies of guarantees (e.g. damp proofing, roofing, boiler, etc.).
- Confirmation of any consents required and obtained (e.g. from a freeholder or lender).
3. Alterations and Building Works
- Have any alterations or extensions been made?
- Were planning and building regulations complied with?
- Were works carried out by qualified professionals?
- Any ongoing issues or defects?
4. Boundaries and Access
- Who is responsible for maintaining which boundaries?
- Have there been any boundary disputes?
- Are there any informal arrangements for access, parking, or shared paths?
5. Financial and Tax
- Will any indemnity insurance be provided for missing documents or title defects?
- Are there any outstanding charges (e.g. estate rentcharges or management fees)?
- Is the property subject to VAT?
6. Property Information Form (TA6) Follow-up
Clarification of any answers in the TA6 form, e.g.:
- Past disputes or complaints.
- Insurance claims or flooding history.
- Local development plans.
- Parking arrangements (especially if informal or unregistered).
7. Fixtures and Contents (TA10)
- Confirm what’s included or excluded in the sale.
- Resolve inconsistencies in the Fittings and Contents Form.
8. Leasehold/Managed Properties
(if applicable)
- Copy of the lease and management pack.
- Ground rent and service charge amounts and payment schedules.
- Are there any planned major works or upcoming increases in charges?
- Details of buildings insurance, who arranges it, and how it’s paid.
Common Risk-Based Enquiries
Request indemnity policies for:
- Breach of restrictive covenant.
- Lack of building regs/planning permission.
- Absence of rights of access.
- Enquiries about solar panels, septic tanks, or private roads.
What searches need to be carried out
1. Two components of local authority search
- Register of Local Land Charges Official Certificate of Search (LLC1)
- CON29 Enquiries of Local Authority (2016 Edition)
2. Environmental Search
3. Drainage and water search
What is Register of Local Land Charges Official Certificate of Search LLC1
Purpose:
To check whether there are any legal restrictions or obligations (known as local land charges) affecting the property.
Examples of what it covers:
- Tree preservation orders (TPOs)
- Conservation area designations
- Listed building status
- Conditional planning permissions
- Financial charges (e.g. where the local authority has carried out work and seeks reimbursement)
- Smoke control orders
Legal significance:
- These charges run with the land – meaning they apply to future owners too.
- It is a statutory search under the Local Land Charges Act 1975.
Why is it important
- LLC1 ensures no hidden legal restrictions exist on the land.
What is CON29 Enquiries of Local Authority
Purpose:
To provide additional information about the property that may affect a buyer’s decision, but is not included in the LLC1.
Examples of what it covers:
- Planning history and pending applications
- Building control regulations
- Road schemes and proposed roadworks
- Public rights of way
- Contaminated land
- Nearby infrastructure projects (e.g. HS2, new roads)
- Council tax and business rate matters (non-residential)
Format:
- It is a set of standard enquiries (forms and checklists), completed by the local authority.
- It is not a statutory search, but is widely used in the conveyancing process.
Why is it important
CON29 helps the buyer assess potential risks or future changes that could affect property value or usability.
What is environmental search
What Is an Environmental Search?
An Environmental Search provides information about potential environmental issues that could:
- Affect the value of the property.
- Impact your ability to obtain a mortgage.
- Pose a health or legal risk to you as the owner.
What Does It Cover?
Contaminated Land
Checks if the property is on or near land that has been contaminated by industrial or chemical use.
This is important because under the Environmental Protection Act 1990, owners can be held liable for the cleanup of contaminated land.
Flood Risk
Assesses the risk of river, coastal, or surface water flooding.
A high flood risk can affect insurance availability and premiums.
Ground Stability
Looks at the risk of subsidence, landslides, sinkholes, or mining activity, especially in former mining areas.
Radon Gas
Identifies whether the property is in a radon-affected area, as high radon levels can pose health risks.
Proximity to Waste Sites
Identifies nearby landfill or waste treatment sites, which could affect air quality, odours, or property values.
Other Environmental Hazards
May include details on noise pollution, air quality, and industrial installations nearby.
Why Is It Important?
- It can affect your decision to buy the property.
- It may influence the lender’s willingness to approve a mortgage.
- It helps avoid unexpected financial liability after purchase.
- It could give you leverage to renegotiate the purchase price if risks are uncovered.
What is drainage and water search
It’s a report that confirms:
- Whether the property is connected to the public sewer or private drainage systems.
- If the property has a public water supply and where the water mains are located.
- Whether there are any restrictions, liabilities, or potential problems related to drainage or water supply that might affect the property.
What Does It Typically Cover?
Sewage and Drainage Systems
- Is the property connected to the public sewer?
- Are there any public drains or sewers running through or near the property?
- Any rights or restrictions related to drainage (e.g., responsibility for maintenance).
- Details of any known drain flooding or blockages reported in the area.
Water Supply
- Confirmation of connection to the public water supply.
- Location of water mains.
- Any issues or restrictions affecting water supply to the property.
Adoption Status
Whether any private drainage or water pipes on the property have been or will be adopted by the local water company.
Proposals for Changes
Any planned or proposed works that might affect drainage or water supply.
Why Is It Important?
- It confirms that you will have access to clean water and proper drainage.
- It helps avoid future surprises about who is responsible for maintenance or repairs.
- If a property relies on a private drainage system (like a septic tank), it may involve additional costs or restrictions.
- It’s often required by mortgage lenders and recommended for all buyers.
