Subjects:

Conveyancing

Contents:

Chapter 1: Introduction

Background

Avoiding negligence

Registration of land

E-conveyancing

Chapter 2: Home Information Packs

Introduction

Transitional provisions

Definitions

The responsible person

Duties imposed by the Act

Exceptions from the duties

Contents of the home information pack

Energy performance certificate and home condition report

Enforcement

Chapter 3: Preliminary Matters

Money laundering

The identity of the other party’

s representative

Dealing with non-solicitors

Acting for both parties

Mortgage and other property frauds

Standard forms

Chronological order of a typical transaction

Keeping the file in order

Checklists and diaries

Chapter 4: Taking Instructions

Meeting the client

Instructions checklist

Costs quotations, client care and complaints procedure

The national conveyancing protocol

Estate agents

Related transactions

Deeds and outstanding mortgages

Fixtures and fittings

Tax considerations

Use of the property

Joint purchase

Deposit

Finance

Survey

Insurance

Stamp duty land tax and other expenses

Checklist for a sale

Checklist for a purchase

Chapter 5: Deducing and Investigating Title

Introduction

When title is deduced

Investigation of the title by the seller

Deducing title

Investigation of the title by the buyer

The capacity of the seller

Transactions at undervalue

Requisitions on title

Title pending registration

Leaseholds

Chapter 6: The Contract

The formal requirements

The seller’

s duty of disclosure

Evidence of the seller’

s title and capacity

The form of the contract

The contents of the contract

Sale of part (“

sale-off”

)

Other non-standard transactions

Option agreements

Conditional contracts

Chapter 7: Pre-Contract Searches and Enquiries

Introduction

Inspecting the property

Local searches

Standard drainage and water enquiries

Environmental search

Commons registration search

Search of the index map

Land charges search

Official copy entries

Mining searches

Waterways and railways

Disadvantaged areas

Chancel repairs

Rent register

Insurance

Pre-contract enquiries

Company search

Chapter 8: Planning and Building Regulations Approvals

Introduction

Planning permission

The use of the property

Building regulations approval

Enquiries of the seller

Enquiries of the local authority

Enforcement

Chapter 9 The Mortgage Offer and Reporting to the Client

Introduction

Reporting to the seller

The mortgage offer

Reporting to the buyer

Meeting the client

Execution of documents

Reporting to the lender

Chapter 10: Exchange of Contracts

Methods of exchange

The Law Society’

s formulae for exchanging contracts by telephone, fax or telex

Undertakings

Registration of the contract

Insurance

After exchange

Checklists

Chapter 11: The Purchase Deed

Preparation of the deed

The form of the deed

Drafting the deed

Execution

Delivery

Chapter 12: Before Completion

Death and insolvency

Access and occupation by the buyer before completion

Procedure between exchange and completion

Pre-completion checklist for the seller

Pre-completion checklist for the buyer

Chapter 13: Completion and Remedies

Introduction

Time and place of completion

Methods of completion

The money

The unrepresented seller

Procedure on completion

Simultaneous sale and purchase transactions

Discharging the mortgage

Delayed completion

Failure to complete

Claims following completion

Checklists for completion

Chapter 14 : Stamp Duties, Land Registry Applications and Other Post-completion Procedures

Stamp duties

Land registry applications

Other post-completion procedures for the buyer

Post-completion procedures for the seller

Chapter 15: Mortgages

Acting for both the buyer and the lender

The Council of Mortgage Lenders

Mortgage fraud

Types of mortgage and typical conditions

Protection and priority

Enforcing the security: the lender’

s remedies

The Consumer Credit Acts 1974 and 2006

Chapter 16: Leaseholds

Introduction

The grant of a lease

Deducing title

The contents of the lease

Sub-leases

Mortgagees

The assignment of a lease

The variation of a lease

Statutory provisions affecting leases

Commonhold

Chapter 17: New Properties

Introduction

Title

The contract

The purchase deed

Additional enquiries

Synchronisation

New homes warranty and insurance against structural defects

Mortgages

Checklist for the seller

Appendix 1: Useful addresses

Appendix 2: Forms

Index

Residential Conveyancing Manual is a thoroughly practical guide to the domestic conveyancing process, guiding the reader expertly and confidently through the stages from first taking instructions, through to registering the transaction and other post-completion formalities. All the steps in the procedure are considered: deducing and investigating title; searches and enquiries; planning and building regulations approvals; drafting, approving and exchanging the contract; synchronising transactions in a conveyancing chain; mortgages and mortgage offers; stamp duty land tax; and pre- and post-completion routines. There is a chapter on home information packs, taking account of the Home Information Pack (No. 2) Regulations 2007. There is also a chapter on leaseholds, covering tricky points such as the various statutory provisions which may be in play (extension and enfranchisement of a lease, the right to buy, the right to manage). The final chapter is devoted to the special considerations applying to newly built homes. A number of useful forms and documents are reproduced in an appendix.

The sometimes difficult issues - giving and accepting undertakings, avoiding negligence, meeting time limits, recognising possible money laundering and mortgage fraud, and costs quotations - are all addressed, as is the all-important matter of keeping the client informed.

Packed with hints and tips, and useful checklists, Residential Conveyancing Manual is a wide-ranging, up-to-date manual for daily reference. It will be welcomed by all conveyancers - whether novices or old hands.