PLP - Completion Flashcards
(48 cards)
What is the correct form of transfer for the purchase of the whole of an unregistered freehold estate?
TR1 executed by deed
What is the effect of dating the TR1?
Dating the TR1 completes the deed and causes legal title to transfer to the buyer.
What is the difference between TR1, TP1, and TR5?
TR1 = whole title
TP1 = part of a title
TR5 = portfolio of registered titles
When should Panel 3 (date) of the TR1 be completed?
On the day of completion — it must be left blank when the TR1 is drafted.
What must be sent to the Land Registry if one joint owner has died and the second trustee is named in the TR1?
Only the death certificate of the deceased proprietor.
No separate deed of appointment needed
How is a TR1 executed when a company is the seller and two individuals are buying in unequal shares?
Company executes by director + secretary (or 2 directors)
Each individual buyer signs in front of a witness
Panel 10 (declaration of trust) and Panel 11 (if needed) must be completed
How can a company execute a deed under the Companies Act 2006?
Using a company seal with 2 authorised signatories
Without a seal, by 2 directors or 1 director + company secretary
Or by 1 director signed in front of an independent witness
What is the priority period provided by an OS1 search?
30 working days from the OS1 search result
What is the protection period given by a K15 Central Land Charges search?
15 working days?
What is the time period for first registration at the Land Registry (post completion of the purchase of unregistered land)?
2 months
Do you ever carry out both a bankruptcy search and a company search?
No.
Bankruptcy search (K16) is only for individual buyers
Company search is only for company buyers
What are requisitions on title?
They’re final questions the buyer’s solicitor asks the seller’s solicitor before completion - they confirm practical readiness for completion.
What form do requisitions on title take?
For residential: Form TA13
For commercial: Use CPSE SCR or the firm’s own checklist
What does TA13 ask about in relation to possession?
Vacant possession — who has the keys, where they will be left, and if tenants are present, what arrangements are in place.
What does TA13 ask about if the property is unregistered?
A list of deeds and documents that will be handed over on completion.
What does TA13 confirm about the mechanics of completion?
That the completion will take place in accordance with the Law Society Code for Completion by Post.
What money details are covered in TA13?
Seller’s client account details
Exact amount payable on completion
What does TA13 ask about mortgages and charges?
Whether there are any mortgages on the property and confirmation that the seller will redeem them on completion.
What is the seller’s solicitor undertaking in TA13?
To redeem the mortgage against the seller’s title immediately after completion using sale proceeds — so the buyer’s solicitor can register the buyer’s title and mortgage.
Why is the undertaking to redeem the mortgage important?
Because the buyer’s solicitor cannot register the buyer’s transfer or mortgage until the seller’s mortgage is cleared — and relies on this legal promise to proceed.
Is the seller’s solicitor legally bound by the TA13 responses?
Yes — TA13 includes formal undertakings, which are enforceable obligations under professional rules.
Does the seller’s solicitor undertake to discharge the charge?
No — the undertaking is to redeem the mortgage, not to discharge the charge itself, as that is done by the lender (either electronically or via Form DS1).
What is a DS1 and when might it be used?
A DS1 is a paper discharge form used to remove a mortgage from the register.
It may be requested in advance (executed but undated) for high-value transactions as extra security.
What is the correct form of the seller’s solicitor’s undertaking for redeeming a mortgage on registered land?
To undertake forthwith to pay the lender the money required to redeem the mortgage, and to forward Form DS1 to the buyer’s solicitor as soon as it is received from the lender.
(The solicitor cannot undertake to discharge the mortgage, as only the lender can do that.)