A Practical Approach to Conveyancing,9780199254507

A Practical Approach to Conveyancing

by ;
Edition: 4th
ISBN13: 9780199254507
ISBN10: 0199254508
Format: Paperback
Pub. Date: 2002-10-31
Publisher(s): Blackstone Press
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Summary

A Practical Approach to Conveyancing offers a detailed and well-structured guide throught the vagaries of the English conveyancing system and provides practical solutions to everyday problems. The fourth edition brings the reader right up-to-date with new developments, including the important House of Lords' decision in Etridge and the progress of the new Land Registration Bill through Parliament.

Author Biography


Robert Abbey, solicitor, is Director of Legal Practice in the Department of Professional Legal Studies at the University of Westminster. He is also a consultant with Russell Jones & Walker Solicitors, London. Mark Richards, solicitor, was a partner in a central London commercial practice and is a Senior Lecturer in Law at the University of Westminster. He is subject leader for conveyancing and commercial property on the University's Legal Practice Course.

Table of Contents

Preface xvii
Acknowledgements xix
Table of Cases
xxi
Table of Statutes
xxix
Table of Secondary Legislation
xxx
Introduction
1(50)
An introduction to conveyancing
1(3)
Our approach in this book
1(1)
An introduction to conveyancing
2(1)
Conveyancing of unregistered land
3(1)
Conveyancing of registered land
4(19)
Conveyancing of registered land
4(18)
Key points summary: registered land conveyancing procedures
22(1)
Defensive lawyering in conveyancing
23(6)
Defensive lawyering and the conveyancing process
23(6)
Key points summary: defensive lawyering and the conveyancing process
29(1)
Conveyancing and information technology
29(5)
A list of useful websites
31(1)
Key points summary: some of the hardware and software facilities available
32(2)
The future of conveyancing
34(17)
Gazumping and conveyancing reform
35(2)
One-stop conveyancing and conveyancing call-centres
37(2)
The Homes Bill 2000
39(2)
E-conveyancing and the Land Registration Act 2002
41(10)
Taking instructions and other initial matters
51(25)
Interviewing the client
51(1)
Estate agents
52(1)
Client care and advice on costs
53(3)
Advice on co-ownership
56(1)
Advice on finance
57(7)
Advice on survey
64(2)
National Conveyancing Protocol (`TransAction')
66(1)
Professional conduct
67(7)
Practical checklists
74(1)
Acting for either seller or buyer
74(1)
Acting for seller --- additional considerations
74(1)
Acting for buyer --- additional considerations
75(1)
Acting for buyer and lender
75(1)
The draft contract
76(38)
Preparatory steps by seller's practitioner
77(7)
Evidence of seller's title
77(2)
Investigating the seller's title
79(2)
Checking for any other occupiers
81(1)
Seller's duty of disclosure
82(1)
Seller's capacity to sell
83(1)
Formation of the contract
84(4)
Impact of the Law of Property (Miscellaneous Provisions) Act 1989
84(2)
Impact of the Contracts (Rights of Third Parties) Act 1999
86(1)
Lock-out agreements
87(1)
Contents of the contract
88(10)
Particulars of sale
88(1)
Conditions of sale
89(1)
Some important areas covered by conditions of sale
90(2)
Key points summary: vacant possession and completion
92(6)
Sales of part
98(5)
Lender's consent
98(1)
Description in the contract
98(1)
Importance of a good plan
99(1)
Negating implied grant of easements in favour of buyer
99(1)
Grant and reservation of new easements
100(1)
Creating new covenants
100(1)
A worked example of a sale of part
101(2)
Special considerations
103(11)
Auction contracts
103(2)
Conditional contracts
105(1)
Key points summary: conditional contracts
106(1)
Option agreements
106(2)
Contract races
108(1)
Seller not yet registered as proprietor
109(1)
Sub-sales
110(2)
Practical checklists
112(1)
Pre-drafting
112(1)
Contents of contract
112(1)
Sale of part
113(1)
Pre-contract searches and enquiries, town and country planning
114(38)
Pre-contract searches
114(20)
Why do searches?
114(1)
What searches should you do and when?
115(18)
The effect of the Protocol
133(1)
Key points summary: pre-contract searches
134(1)
Preliminary enquiries
134(6)
Why raise enquiries?
134(1)
What enquiries should you raise and when?
135(4)
The effect of the Protocol
139(1)
Key points summary: preliminary enquiries
140(1)
Town and country planning
140(12)
Planning and conveyancing
140(2)
Changes of use
142(2)
Planning enquiries
144(2)
Enforcement notices and stop notices
146(1)
Building regulations
147(1)
Key points summary: town and country planning
147(1)
Practical checklists
148(1)
Searches
148(1)
Enquiries
148(1)
Planning
149(1)
The National Land Information Service (NLIS)
150(2)
Deduction and investigation of title
152(43)
Introduction
152(1)
At what stage in the transaction are deduction and investigation of title carried out?
153(1)
Deduction of title to unregistered land
153(3)
Deduction of title to registered land
156(1)
Investigation of title
157(6)
Key points summary: discharge of mortgages
163(1)
Persons disposing of land in different capacities
164(2)
Key points summary: sale by mortgagees; personal representatives; dispositions by co-owners; dispositions by an attorney; dispositions by charities
166(14)
Voluntary dispositions
180(4)
Key points summary: voluntary dispositions
184(1)
Settled land
185(2)
Key points summary: settled land
187(1)
A practical example of investigating an unregistered title and raising requisitions
187(6)
Lost or destroyed land and charge certificates and title deeds
193(1)
Practical checklists
193(1)
Acting for the seller
193(1)
Acting for the buyer
194(1)
Exchange of contracts; death or insolvency of contracting parties between exchange and completion
195(33)
Before exchange
196(9)
Acting for the buyer --- matters to attend to before exchange
196(8)
Acting for the seller --- matters to attend to before exchange
204(1)
Exchange
205(5)
Methods of exchange
205(2)
Telephone formulae
207(3)
After exchange
210(8)
Action to be taken immediately after exchange
210(1)
The effect of a binding contract
210(1)
Seller's duty as trustee
211(1)
Risk and responsibility for buildings insurance
211(3)
Key points summary: risk and insurance
214(1)
Protecting the contract by registration
215(1)
Occupation by the buyer before completion
215(3)
Key points summary: occupation by the buyer before completion
218(1)
Variation of the contract between exchange and completion
218(1)
Death or insolvency of contracting parties between exchange and completion
218(10)
Death
218(3)
Key points summary: death of a contracting party between exchange and completion
221(1)
Insolvency
221(4)
Key points summary: insolvency
225(1)
Practical checklists
226(1)
Before exchange
226(1)
Action to be taken immediately after exchange
227(1)
The purchase deed and mortgage
228(43)
The purchase deed
228(16)
Introduction
228(1)
General matters
229(2)
Valid execution
231(3)
Types of purchase deed
234(9)
Key points summary: which form of purchase deed to use
243(1)
Drafting considerations
243(1)
The mortgage
244(27)
Introduction
244(1)
Joint representation of borrower and lender
245(12)
Separate representation of lender
257(1)
The mortgage deed
258(2)
Post-completion steps
260(1)
Further advances
261(1)
Subsequent mortgages
261(3)
Key points summary: further advances and subsequent mortgages
264(1)
Mortgage fraud
265(2)
Key points summary: mortgage fraud
267(1)
Practical checklists
267(1)
The purchase deed
267(1)
Acting for the lender
268(1)
Rule 6(3) and the Lenders' Handbook
268(3)
Pre-completion procedures and completion
271(40)
Pre-completion procedures
271(24)
What are pre-completion procedures?
271(5)
Pre-completion when acting for the seller
276(1)
Pre-completion when acting for the buyer
277(1)
Pre-completion searches
278(16)
Completion statements
294(1)
Key points summary: pre-completion procedures
295(1)
Completion
295(16)
Date, time and place for completion
296(1)
When your client is selling as well as buying: synchronisation
297(1)
Mechanics of completion
297(9)
Key points summary: completion
306(1)
Practical checklists
307(1)
Pre-completion
307(2)
Completion
309(2)
Post-completion procedures: delays and remedies
311(33)
Post-completion procedures
312(16)
Acting for the seller
312(4)
Acting for the buyer
316(11)
Key points summary: post-completion procedures
327(1)
Delays and remedies
328(16)
Delays
328(5)
Remedies
333(8)
Key points summary: delays and remedies
341(1)
Practical checklists
341(1)
Post-completion
341(2)
Delays and remedies
343(1)
Leaseholds
344(37)
An introduction to leaseholds
345(15)
General introduction
345(1)
What you might expect in a lease
345(10)
Dealing with leases when acting for a lessee or lender
355(3)
Liability on covenants in leases: enforcement
358(1)
Lease variations
359(1)
Key points summary: an introduction to leases
360(1)
New leases
360(5)
Lease-specific changes in the conveyancing process
360(3)
Acting for the lessor
363(1)
Acting for the lessee
364(1)
Key points summary: new leases
365(1)
Existing leases
365(5)
Lease-specific changes in the conveyancing process
366(1)
Acting for the seller
366(3)
Acting for the buyer
369(1)
Key points summary: existing leases
370(1)
Statutes and leases
370(11)
Leasehold Reform Act 1967
371(1)
Right to buy --- Housing Act 1985
372(1)
Landlord and Tenant Act 1987
373(1)
Leasehold Reform, Housing and Urban Development Act 1993
374(1)
Landlord and Tenant (Covenants) Act 1995
375(1)
Statutory reforms: Commonhold and Leasehold Reform Act 2002
375(3)
Key points summary: statutes and leases
378(1)
Practical checklists
378(1)
New leases
378(1)
Existing leases
379(2)
New properties
381(16)
Introduction
381(1)
Acting for the developer
381(1)
Documentation
382(3)
Key points summary: buyer's concerns on draft contract of new property
385(6)
Structural defects insurance
391(3)
Difficulties of synchronising completion of a related sale transaction
394(1)
Key points summary: synchronising completion of a related sale transaction
395(1)
Practical checklists
395(1)
Matters for developer's practitioner to consider
395(1)
Items to be sent to the buyer's practitioner
395(2)
Commercial conveyancing, business tenancies and tenanted properties
397(36)
An introduction to commercial conveyancing
397(3)
General introduction
398(2)
Commercial leases
400(15)
Lease contents
400(10)
Forfeiture
410(2)
Enforceability of covenants
412(2)
Key points summary: commercial leases
414(1)
An introduction to business tenancies --- the Landlord and Tenant Act 1954, Pt II
415(8)
Introduction
415(8)
Key points summary: business tenancies --- the Landlord and Tenant Act 1954, Pt II
423(1)
Selling and buying tenanted properties
423(10)
Contractual matters where the standard conditions are used
424(1)
The Standard Commercial Property Conditions (First edition, 1999) (`SCPC')
425(2)
Tenanted properties: the buyer's perspective
427(2)
Completion matters
429(1)
Key points summary: selling and buying tenanted properties
430(1)
Practical checklists
430(1)
Commercial lease contents
430(1)
Commercial lease renewals
431(1)
Tenanted properties
431(2)
Business tenancies and the Landlord and Tenant Act 1954, Pt II
433(54)
Introduction
434(1)
Agreements to which the 1954 Act applies
434(1)
Requirement for `tenancy'
434(1)
Tenancies excluded from statutory protection
435(4)
Requirement for `occupation'
439(2)
Requirement for `the purposes of a business'
441(1)
Methods of termination under the 1954 Act
442(13)
Definition of `the holding'
455(1)
Definition of `competent landlord'
456(1)
Section 40 notices
457(2)
Rules for service of notices
459(1)
Key points summary: s 25 notices and s 26 requests
460(1)
Landlord's application for interim rent
461(1)
Landlord's statutory grounds of opposition
462(9)
Key points summary: statutory grounds under s 30(1)
471(1)
Tenant's right to compensation for failure to obtain a new tenancy
472(2)
The terms of the new tenancy
474(6)
Key points summary: terms of the new lease
480(1)
Court order for new tenancy
480(1)
Reform
481(1)
Practical checklists
482(1)
Summary of the 1954 Act
482(1)
Acting for landlord
483(1)
Acting for tenant
484(1)
Negotiating the terms of the renewed lease
485(1)
Key reform proposals
486(1)
Appendix 1 The National Conveyancing Protocol (4th edition) for domestic freehold and leasehold property 487(9)
Appendix 2 Standard Conditions of Sale, 3rd edition (National Conditions of Sale, 23rd edition, Law Society's Conditions of Sale 1995) 496(13)
Appendix 3 Law Society's standard form of contract 509(3)
Appendix 4 Special condition making contract conditional upon satisfactory local search 512(2)
Appendix 5 Precedent for lock-out agreement 514(1)
Appendix 6 Local search application form 515(7)
Appendix 7 Property information forms 522(24)
Appendix 8 Example of an epitome of title 546(2)
Appendix 9 Precedent for conveyance of part of unregistered land 548(4)
Appendix 10 Completion information and requisitions on title 552(3)
Appendix 11 Specimen completion statements 555(5)
Appendix 12 Law Society's Code for Completion by Post (1998 edition) 560(3)
Appendix 13 Land Registry Form TR1 563(3)
Appendix 14 Land Registry Form TP1 566(4)
Appendix 15 Standard Commercial Property Conditions (first edition) 570(15)
Appendix 16 Solicitors' Practice Rule 6(3) (Solicitor acting for lender and borrower) 585(11)
Appendix 17 Statutory declaration/certificate as to non-revocation for powers of attorney more than 12 months old at the date of the disposition for which they are used 596(2)
Appendix 18 Land Registry Form AP1 598(3)
Appendix 19 Land Registry Form FR1 601(3)
Appendix 20 The CML Lenders' Handbook for Solicitors and Licensed Conveyancers England and Wales (2002) Second Edition 604(34)
Appendix 21 Water search CON 29DW 638(2)
Appendix 22 Mortgage deed 640(2)
Appendix 23 Form END 1 642(2)
Appendix 24 Oyez non-Protocol requisitions on title 644(3)
Appendix 25 Commercial enquiries: on a lease assignment; on the granting of a lease; on a property subject to lettings 647(6)
Appendix 26 Landlord's s 25 notice and tenant's s 26 request 653(5)
Index 658

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