Conveyancing Procedure

This practice note explains the elements needed to establish adverse possession: factual possession and intention to possess. It also links to two practice notes on the procedure for claiming title to land by adverse possession: Adverse possession and the Land Registration Act 2002. This explains the regime for adverse possession in relation to registered land under the Land Registration Act 2002 (LRA 2002), which came into force on 13 October 2003. Adverse possession before the Land Registration Act 2002. This explains the regime for adverse possession as it used to apply to both registered and unregistered land, and which will continue to apply to unregistered land.   The law on adverse possession as it stood before the LRA 2002, continues to apply to registered land where the possession relied upon is for a period of at least 12 years ending before 13 October 2003.

This Practice note provides an overview of the money laundering regime that applies to lawyers pursuant to the Money Laundering Regulations 2007 (2007 Regulations). The 2007 Regulations came into force on 15 December 2007 and replace the Money Laundering Regulations 2003 (2003 Regulations). They bring the 2005 Directive on money laundering into effect in the UK. The 2007 Regulations introduce new requirements and vary requirements that were in the 2003 Regulations. In particular, the 2007 Regulations require that: The lawyer is able to identify the beneficial owner of client trusts, companies and partnerships. The lawyer applies customer due diligence measures and monitors client activities according to a risk-based approach, applying less stringent procedures for low risk situations and more stringent procedures in higher risk situations. Training for staff is both regular and covers terrorist financing issues. Lawyers are also to have regard to the Law Society's anti-money laundering practice note published on 6 October 2011, and the Solicitors Regulation Authority's warning cards on money laundering (April 2009), property fraud (April 2009) and bogus law firms and identity theft (March 2012).   Property lawyers should also take account of the joint Land Registry and Law Society practice note on property and registration fraud (September 2010), and the Law Society's note on mortgage fraud (October 2011).

A practice note on the procedures introduced on 1 June 2004 by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 in relation to the renewal of business tenancies. This note explains the procedures to be used where either the landlord or the tenant wishes to initiate renewal of a lease. For information on the procedures for termination of business tenancies without renewal, see Practice note, Business tenancies - procedures for termination without renewal.  

This practice note explains the law and practice relating to cautions against first registration under the Land Registration Act 2002. It sets out the law as it has applied since 13 October 2003.

A summary of the changes to the energy performance certificate (EPC) and display energy certificate (DEC) regimes brought in by the Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118), which come into force on 9 January 2013.

A practice note on the issues to consider when serving a notice to complete under a sale contract that incorporates the Standard Commercial Property Conditions (Second Edition).

A practice note on the Land Registry's requirements on the confirmation of identity and the production of identity evidence, including practical implications of the new regime.

This note explains the duties imposed on people who have either obligations under contracts or tenancies to maintain or repair non-domestic property, or control over non-domestic premises or over access to non-domestic property. From 6 April 2012 these duties are imposed by the Control of Asbestos Regulations 2012. The duties affect freehold owners, landlords, tenants and, in certain circumstances, licensees and managing agents. Non-domestic premises can include areas of what normally would be regarded as residential property. 

A note on the remedies available to a buyer, where the seller has created an unregistrable lease after exchanging contracts for sale.

A practice note on deduction of title to registered and unregistered; freehold and leasehold land.  

A note on to what extent a practitioner can complete blanks or amend a document after the document has been executed by the client prior to completion.

This practice note: Provides a summary of the various types of environmental searches that can be carried out in respect of a property. Explains in detail what is covered by environmental desktop reports, including commercial risk screening reports.  

A practice note giving an outline of the main considerations arising in exclusivity agreements (also known as lock-out agreements) in relation to property transactions. It also considers drafting and negotiating issues.

An outline of the common law fiduciary duties, ways of modifying those duties (including the use of Chinese walls) and proposals for reform.

Use of this document is free, subject to the Conditions set out below. This document is part of the Commercial Property Standard Enquiries (CPSE) suite of documents, prepared by members of the London Property Support Lawyers Group and endorsed by the British Property Federation. If you have any comments, please e-mail: cpse@practicallaw.com. For details of changes made between this document and its previous version, see Legal update, June 2010: new versions of the CPSE documents released. For the PDF version of this document click here.

A practice note giving an overview of the issues that should be considered when acting on the purchase of a leasehold property that is registered with good leasehold title.

A practice note on the implied covenants for title under the Law of Property (Miscellaneous Provisions) Act 1994.

This Practice note outlines the importance of giving information to clients about costs. It summarises the applicable statutory code and sets out guidance on what information should be provided to the client at each stage of the retainer. Note: From 1 July 2007 a new Solicitors Code of Conduct is in force. A new version of this practice note covers the requirements of that Code, Practice note, Informing the client about costs: from outset of retainer and beyond.

A practice note setting out the ways in which a buyer can establish the planning position in relation to a property as part of its title investigation.

A practice note on the points to be checked on a physical inspection of the property.

This Practice note explains the regime of lasting powers of attorney (LPAs), which was introduced by the Mental Capacity Act 2005 on 1 October 2007, including: How to make an LPA. The formalities for registering an LPA. Guidance for third parties when relying on an LPA. From 1 October 2007, LPAs replaced enduring powers of attorney (EPAs) as the primary way of appointing a decision maker to act on a donor's behalf in the event of a loss of mental capacity. LPAs can authorise an attorney to make decisions about the donor's personal welfare, as well as decisions about their property and affairs.  

A practice note on the procedures in relation to requests for information made under section 40 of the Landlord and Tenant Act 1954 by the landlord or the tenant.

This practice note pulls together information on the various initiatives intended to help manage flood risk in England and Wales. It includes information on Planning Policy Statement 25 (PPS 25), flood risk maps, building to be flood resistant and flood resilient, and information on the Statement of Principles, issued by the Association of British Insurers, which provides guidance on when insurers will continue to provide insurance cover for flood damage in relation to properties in areas at particular risk from flooding. The note also covers the Pitt Review, which examined the issues arising from flood-related emergencies in the summer of 2007, the Floods Directive (2007/60/EC) and the Flood and Water Management Act 2010. Note: On 27 March 2012, PPS 25 was replaced by the National Planning Policy Framework. We will shortly be updating this note to reflect these changes.

Affidavits need to be verified by oath or by solemn affirmation. In certain circumstances, a statutory declaration can be used instead of an affidavit, and will be verified by a declaration. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations.

This practice note provides a brief overview of the main ways in which a developer's lawyer can structure the legal documentation for a residential leasehold development.

A note explaining how members of a Parochial Church Council (PCC) may become personally liable if their PCC does not enforce rights in respect of chancel repairs.

A note on what is required to transfer a deceased's equitable interest in land to a beneficiary under either a will or the intestacy rules.

This practice note looks at the issues to consider when drafting or negotiating a clause in a freehold or leasehold property sale contract dealing with the apportionment of rent payable under occupational leases.

This practice note looks at the issues to consider when drafting or negotiating a clause in a freehold or leasehold commercial property sale contract dealing with rent arrears under occupational leases.

This practice note looks at the issues to consider when drafting or negotiating a clause in a property sale contract dealing with service contracts.

This practice note looks at the issues that need to be considered when drafting or negotiating a clause in a property sale contract dealing with the management of occupational leases.

A practice note on the issues to consider when drafting and negotiating notice provisions in property sale contracts.

This practice note looks at the issues that need to be considered when drafting or negotiating a clause in a property sale contract dealing with outstanding rent reviews under occupational leases.

This practice note looks at the issues that need to be considered when drafting or negotiating a clause in a property sale contract requiring the buyer to help the seller achieve a release from liability under its landlord covenants. This provision will be relevant only where the property is being sold subject to an occupational lease that is a "new" tenancy under the Landlord and Tenant (Covenants) Act 1995. 

A note on the practical implications of dealing with a limited liability partnership in connection with property transactions including Land Registry issues.

This practice note explains how to protect third party rights under the Land Registration Act 2002 (LRA 2002).

Estate agents are regulated under the Estate Agents Act 1979, which also sets out the duties owed to buyer and seller clients. The right to charge commission is a matter of contract and it is important that buyers and sellers understand the terms of the contract before entering into it. The Office of Fair Trading is responsible for ensuring that estate agents comply with their obligations. This practice note explains that estate agents dealing with residential property must belong to an approved estate agents redress scheme and sets out the details of the schemes approved by the OFT.

The Royal Institution of Chartered Surveyors (RICS) has published an information paper on the need to improve the contractual regime for supply of service charge information from seller to buyer. This may result in changes to standard form contracts and enquiries before contract.

Condition 10 of the Standard Commercial Property Conditions (Second Edition) (SCPC) covers leasehold property, in particular existing leases, new leases and consents (but not sales of property subject to occupational leases).

Condition 12 of the Standard Commercial Property Conditions (Second Edition) (SCPC) deals with chattels.

Condition 2 of the Standard Commercial Property Conditions (Second Edition) (SCPC) relates to the formation of the contract. It covers: The method of exchange and the date that the contract becomes legally binding. Payment of the deposit. Sales by auction. 

Condition 4 of the Standard Commercial Property Conditions (Second Edition) (SCPC) covers a number of general issues relating to leases and the management of leases subject to which the property is sold (that is, occupational leases rather than the lease under which the seller holds the property).

Condition 6 of the Standard Commercial Property Conditions (Second Edition) (SCPC) deals with establishing title, requisitions on title, the timetable for the period between exchange of contracts and completion, the definition of the property, rents and rentcharges and the transfer document.  

Condition 8 of the Standard Commercial Property Conditions (Second Edition) (SCPC) covers various issues arising in connection with completion: When and where completion takes place. Apportionments, what and how money is paid on completion. Title deeds. Rent receipts. Notices to complete.

A practice note on Condition A of the Standard Commercial Property Conditions (Second Edition) (SCPC).

Condition C of the Standard Commercial Property Conditions (Second Edition) (SCPC) applies only if expressly incorporated in the contract. Condition C contains provisions which may be relevant if the seller is selling a reversionary interest in a building which contains flats that are held by tenants who qualify for the right of first refusal under the Landlord and Tenant Act 1987.

Condition 1 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Definitions. Joint parties. Notices and documents. VAT. Assignment. Third party rights.

Condition 2 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Date. Deposit. Auctions.

Condition 3 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers: Freedom from incumbrances. Physical state. Leases affecting the property. Retained land. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 4 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Proof of title. Requisitions. Timetable. Defining the property. Rents and rentcharges. Transfer. Membership of a company.

Condition 5 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers: Responsibility for property between exchange and completion. Occupation of the property by the buyer between exchange and completion NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 6 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Date. Arrangements and place. Apportionments. Amount payable. Title deeds. Rent receipts. Means of payment. Notice to complete.

Condition 7 of the Standard Conditions of Sale (Fifth Edition) (SCS) covers: Errors and omissions. Late completion. After completion. Buyer's failure to comply with notice to complete. Seller's failure to comply with notice to complete.

Condition 8 of the Standard Conditions of Sale (Fourth Edition) (SCS) covers: Existing leases. New leases. Consent. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

Condition 9 of the Standard Conditions of Sale (Fourth Edition) (SCS) applies where the property being sold is commonhold land or includes commonhold land. There are two operative provisions: SCS 9.3 deals with the commonhold documents and provides that if the seller provides the buyer with copies of the documents before the buyer enters into the contract, the buyer will be taken to have knowledge of the documents and to have accepted their terms. SCS 9.4 applies where the sale is of part only or includes a part of a commonhold unit. In this situation, the consent of the commonhold association is required. SCS 9.4 deals with the process for obtaining the consent and recission rights if consent cannot be obtained. NOTE: Following the publication of the Fifth Edition of the Standard Conditions of Sale, this practice note is no longer maintained. For a list of and links to a full set of practice notes on the Fifth Edition, see Practice note, The Standard Conditions of Sale.

This practice note explains when a coal mining and brine subsidence claim search should be carried out at the Coal Authority, how to make the search, and what information the replies to the enquiries on Form CON 29M (2006) might reveal.

This practice note explains when a local land charges search should be carried out, how the search is made and what information the search may give.

This practice note explains when water and drainage enquiries should be raised with water service companies, how the enquiries are raised, and what information the replies to the enquiries are likely to reveal.

A note on the issues to consider when selling or purchasing land that is subject either to first registration or registration in the seller's name at the Land Registry.

A note on the meaning of vacant possession, when an obligation in a contract to give vacant possession arises and the remedies available if the obligation is breached.

This Practice note provides an overview of the Solicitors' Code of Conduct 2007, which came into force on 1 July 2007 and applies to all solicitors practising in England and Wales. The Code replaced the rules of professional conduct contained in the Solicitors Practice Rules 1990 with effect from 1 July 2007. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.  

The Solicitors' Code of Conduct 2007 (the Code) came into force on 1 July 2007. The Code replaced, with effect from 1 July 2007, the rules of professional conduct contained in the Solicitors' Practice Rules 1990 (SPR). The Code applies to all solicitors acting in England and Wales. This Practice Note deals with the situation of a solicitor acting for a lender and a borrower in a conveyancing transaction. Rule 3.16 of the Code replaces Rule 6(3) of the SPR, which provides that, as a general rule, a solicitor cannot act for both the lender and borrower on the grant of a mortgage of land. Where the mortgage is a "standard mortgage", however, joint representation is permitted, subject to there being no conflict of interest and to certain conditions being complied with. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the new handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.

This note outlines the effect of rule 11 of the Solicitors' Code of Conduct 2007, identifying key provisions and changes. Note: The Solicitors Regulation Authority (SRA) Handbook, fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007.  PLC has published the following Practice notes, on the SRA Code of Conduct 2011: SRA Handbook 2011 and Code of Conduct. SRA Handbook and Code of Conduct: Chapter 5: your client and the court.

An overview of the Standard Commercial Property Conditions (SCPC). This note contains links to the following collections of practice notes: A collection of practice notes on the Second Edition of the SCPC. A collection of practice notes on the First Edition of the SCPC, which have more historical value. Please note: no online version of the SCPC is available from PLC Property. The SCPC are published in hard copy by OyezStraker, Oyez House, 7 Spa Road, London SE16 3QQ, T: 020 7232 1000. The SCPC are also printed in the Law Society's Conveyancing Handbook. Unfortunately, PLC Property is not authorised to provide access to an online version.  OyezStraker do not supply previous editions, but the first edition can be obtained from the Law Society Library, telephone 0870 606 251.

A practice note on: The use of closure orders for premises associated with persistent disorder or nuisance. The consequences for property owners and others with an interest in the affected premises.

A practice note about how to transfer trust assets to or from a trust and between trustees, with details of how to transfer the most common types of trust asset. The note also covers transferring part of an asset, difficulties that arise if a person involved in the transfer of assets dies, lacks capacity or is a minor, and powers of the court to transfer trust assets.

A brief overview of when to provide an indemnity covenant in a transfer of freehold or leasehold property.

A practice note on the guidance published by the Law Society's Conveyancing and Land Law Committee on acceptance of undertakings from a seller's solicitor to discharge a mortgage on sale of registered property as part of the completion arrangements.

A summary of the special conditions and other information set out in the printed form of the Standard Conditions of Sale (Fifth Edition).