Conveyancing Handbook

Silverman Frances

Description

The Conveyancing Handbook has been a trusted first port of call for thousands of practitioners for over 28 years. This year's edition has been extensively updated to include the latest guidance on good practice in residential conveyancing and is a crucial resource for answering queries arising from day-to-day property transactions.The 28th edition includes new and updated guidance on: SRA regulatory changes shared ownership (including the new 2021 model for shared ownership) external wall systems money laundering reforms HM Land Registry and electronic signatures VAT and SDLT.Throughout the book reference is made at appropriate points to the SRA Standards and Regulations, the Law Society Conveyancing Protocol, Standard Conditions of Sale and Law Society Code for Completion (2019).Appendices include Law Society codes and formulae, and other practice information including COVID-19 industry guidance.

Sujets

• Droit et juridique
• Property law

Informations

• Publié par: Law Society
• Date de parution: 31 octobre 2021
• Nombre de lectures: 0
• EAN13: 9781784461805
• Langue: English
• Poids de l'ouvrage: 3 Mo

Extrait

THE LAW SOCIETY’S CONVEYANCING HANDBOOK
28th Edition
GENERAL EDITOR
Frances Silverman MA LLM Solicitor
CONSULTANT EDITORS
Russell Hewitson
Anne Rodell
EDITORIAL BOARD
Helen Davies
Kenneth Edwards
Philip Freedman CBE, QC (hon)
Stephen Jackson
Donall Murphy
Ian White
All rights reserved. No part of this publication may be reproduced in any material form, whether by photocopying, scanning, downloading onto computer or otherwise without the written permission of the Law Society except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Applications should be addressed in the first instance, in writing, to the Law Society, Publishing. Any unauthorised or restricted act in relation to this publication may result in civil proceedings and/or criminal prosecution.© The Law Society 2021
The author has asserted the right under the Copyright, Designs and Patents Act 1988 to be identified as author of this work.
First published January 1992 2nd edition 1993 3rd edition 1994 4th edition 1995 5th edition 1996 6th edition 1997 7th edition 1999 8th edition 2001 9th edition 2002 10th edition 2003 11th edition 2004 12th edition 2005 13th edition 2006 14th edition 2007 15th edition 2008 16th edition 2009 17th edition 2010 18th edition 2011 19th edition 2012 20th edition 2013 21st edition 2014 22nd edition 2015 23rd edition 2016 24th edition 2017 25th edition 2018 26th edition 2019 27th edition 2020 28th edition 2021
ISBN-13: 978-1-78446-173-7 (paperback) ISBN-13: 978-1-78446-180-5 (EPUB) ISSN 1350-1852
Copyright in the Standard Conditions of Sale and the Standard Commercial Property Conditions of Sale (Appendices IV.1 and IV.2) is jointly held by the Law Society and the Solicitors Law Stationery Society Ltd.
Crown copyright material is reproduced here with the permission of the Controller of HMSO and the Queen’s Printer for Scotland.
This 28th edition published in 2021 by the Law Society 113 Chancery Lane, London WC2A 1PL
Typeset by Columns XML Ltd, Reading
Contents
Preface to the 1992 edition
Preface to the 28th edition
About the authors
Table of cases
Table of statutes
Table of statutory instruments
Table of European and international law
A. PRELIMINARY MATTERS
A1. Taking instructions
A2. Property selling
A3. Advertising
A4. Financial services
A5. Dealing with non-solicitors
A6. In-house solicitors
A7. Introductions and referrals
A8. Price transparency and estimate of costs
A9. Joint purchasers
A10. Acting for both parties
A11. Mortgages: acting for lender and borrower
A12. Preliminary deposits
A13. Surveys
A14. Stamp duty land tax
A15. Land transaction tax
A16. Capital gains tax
A17. Value added tax
A18. Annual tax on enveloped dwellings
A19. Tax relief on mortgages
A20. Transfers on breakdown of marriage or civil partnership
A21. The Law Society Conveyancing Protocol
A22. Interest on clients’ money
A23. Reproduction of standard forms
A24. Electronic conveyancing and services
A25. Money laundering
A26. Mortgage and other property fraud
A27. Rentcharges
A28. Energy performance of buildings
A29. Shared ownership
B. PRE-EXCHANGE
B1. Pre-contract negotiations
B2. Contract races
B3. Seller’s investigation of title
B4. Seller’s title awaiting registration
B5. Seller’s duty of disclosure
B6. Defective title and restrictive covenant insurance
B7. Capacity
B8. Agricultural land
B9. Milk quotas
B10. Pre-contract searches and enquiries
B11. Form of contract
B12. Standard Conditions of Sale and Standard Commercial Property Conditions
B13. Conditional contracts
B14. Sub-sales
B15. Supply of evidence of title before exchange
B16. Undertakings for bridging finance
B17. Deposit
B18. Liquor licensing and food safety
B19. Mortgage offers
B20. Auctions
B21. Plans
B22. Fixtures and fittings
B23. Powers of attorney
B24. Planning
B25. Environmental issues
B26. Boundaries and easements
C. EXCHANGE
C1. Preparing to exchange
C2. Signature of contract
C3. Insurance
C4. Exchange of contracts
C5. After exchange
D. TITLE
D1. Deducing title
D2. Investigation of title
D3. Requisitions on title
E. PRE-COMPLETION
E1. The purchase deed
E2. Pre-completion searches
E3. The buyer’s mortgage
E4. Preparing for completion
E5. The buyer in occupation
E6. Death and insolvency
E7. Foreign companies
F. COMPLETION
F1. Date and time of completion
F2. Place of completion
F3. The money
F4. Completion
G. POST-COMPLETION
G1. After completion
G2. Stamping documents
G3. Registration of title
H. LENDERS
H1. Acting for the lender
H2. Sales by lenders
H3. Second and subsequent mortgages
H4. Certificates of title
I. NEW PROPERTIES
I1. New property
I2. Defects in new commercial buildings
J. SALES OF PART
J1. Sales of part
K. LEASEHOLDS
K1. Acting on grant of lease
K2. Acting for the landlord
K3. Acting for the tenant
K4. Acting for both parties
K5. Tenants’ guarantors
K6. Short-term residential tenancies
K7. Long-term residential tenancies
K8. Business premises
K9. Agricultural tenancies
K10. Right to buy
K11. Liability on covenants in leases
K12. Assignment of leases
K13. Licence or tenancy
K14. Options
K15. Variation of leases
K16. Sale of tenanted property
K17. Mobile homes
L. COMMONHOLD
L1. Commonhold
M. DELAY AND REMEDIES
M1. Delayed completion
M2. Rescission
M3. Breach of contract
M4. Specific performance
M5. Misrepresentation
M6. Other causes of action
M7. Rectification
M8. Liens
M9. Covenants for title
M10. Solicitor’s negligence and breach of trust
N. COSTS
N1. Costs
Appendix I. SOLICITORS REGULATION AUTHORITY
I.1. Relevant rules and guidance
Appendix II. LAW SOCIETY PRACTICE NOTES
II.1. Useful links
Appendix III. LAW SOCIETY PROTOCOL, CODES AND FORMULAE
III.1. Law Society Conveyancing Protocol [status note]
III.2. Formulae for exchanging contracts by telephone
III.3. Law Society Code for Completion by Post (2019)
III.4. Law Society and Council of Mortgage Lenders Approved Certificate of Title
III.5. Law Society and Council of Mortgage Lenders Approved Certificate of Title – short form
Appendix IV. STANDARD CONDITIONS
IV.1. Standard Conditions of Sale (fifth edition – 2018 revision) (including Explanatory Notes)
IV.2. Standard Commercial Property Conditions (third edition – 2018 revision) (including Explanatory Notes)
Appendix V. LAW SOCIETY FORMS
V.1. Law Society CON 29 Enquiries of Local Authority (2016)
V.2. Law Society CON 29O [Optional] Enquiries of Local Authority (2016)
V.3. CON 29DW Standard Drainage and Water Enquiries (2016)
V.4. CON 29M Coal Mining Search: Law Society’s Guidance Notes 2018
V.5. Property reports on purchase
Appendix VI. LAW SOCIETY PRACTICE INFORMATION
VI.1. Apportionment of rent
VI.2. Accepting undertakings on completion following the Court of Appeal decision in Patel v. Daybells
VI.3. Undue influence – solicitors’ duties post Etridge
VI.4. Form of undertaking agreed with banks
VI.5. Recommended form of undertaking for discharge of building society mortgages
VI.6. Mortgage redemption statements
VI.7. Dealing with unqualified conveyancers
VI.8. Coronavirus (COVID-19) – industry guidance: re-opening the home moving market safely
Index A-C
Index D-J
Index K-R
Index S-Y
Preface to the 1992 edition
Conveyancing is a much maligned art – an easy option in the eyes of many practitioners. If this is true, why is it that the Legal Practice Directorate and Professional Ethics Department of the Law Society have a constant stream of telephone calls and letters from practitioners anxious to know how to solve conveyancing problems? The idea of this book originated from the Law Society’s Land Law and Conveyancing Committee who felt that the time had come to publish a work which attempted to deal with and resolve the many problems encountered on a daily basis by practitioners. The aim of this book, therefore, is to present in readable form a ready reference handbook of the practice of conveyancing. The book does not pretend to be a comprehensive guide to the law – for this the reader is, at various points throughout the text, referred to specialist works dealing with particular areas, but it does seek to deal fully with the practice of conveyancing and to provide guidance on resolving problems which may be encountered by practitioners. The text is, therefore, divided into sections which deal with the conveyancing transaction in chronological sequence. Chapters have been included on matters which, although peripheral to the main issue, nevertheless impinge on it, e.g. advertising, property selling, costs, undertakings and remedies. Although the book does contain some specialist sections, e.g. the purchase of licensed premises, milk quotas in agricultural land, it is intended as a handbook for the general practitioner and does not, therefore, cover in detail specialist areas pertaining to commercial transactions. It does, however, seek to gather together some information which is not found either in other conventional conveyancing texts or in some cases at all, this aspect particularly concentrating on the resolution of practical problems and provision of checklists and guidelines. Precedents are not included within the text since the practitioner has ample scope for finding precedents in many other published works. Some commonly encountered practical areas are no longer dealt with by trainee solicitors during their Finals course, and in such areas, e.g. residential security of tenure, the book aims to provide the solicitor with a brief résumé of the law with reference to a specialist work on the subject should that be required.
It is hoped that this book will form the practitioner’s first point of reference and to that end extensive appendices include the text of many of the matters to