KEY REVISION POINTS
Property Law
1) INVESTIGATING TITLE
Property Register (A)
1. Description of land – is it what the client was expecting?
2. Does the title number match the contract?
3. Reference to plan – do we have a copy?
4. Freehold or leasehold – match instructions?
5. Easements and Covenants that the property is to have the benefit
a. Is the easement adequate for client’s needs?
b. Is it in need of maintenance? Costs?
c. Right of way – does Council plan on adopting it? Check Local Search
d. Has it been registered? Check Charges Register and SIM search for caution against first registration
Proprietorship Register (B)
1. Class of Title
a. Absolute
i. Strongest form of title that a landowner can have
ii. LR satisfied the Seller is the true and proper owner
b. Qualified
i. Ownership has only been established for a short period of time and reservations or missing
documentation
c. Possessory
i. Seller is in actual occupation without documentary evidence as to how the Property was
acquired
d. Good Leasehold
i. Tenant cannot provide evidence of the Landlord’s title
2. Registered proprietor – same as seller?
a. Marriage certificate?
b. Death certificate?
c. Grant of Representation when PRs selling
3. Indemnity Covenants
a. Seller will remain liable for covenants that affect the Property even after selling
b. Seller should obtain indemnity covenant from buyer on the sale of the property
4. Co-owners
a. Tenants in Common
i. Restriction entered into proprietorship register
Ensures if one co-owner dies, a second trustee is appointed to join with the survivor in the transfer
ii. ‘no disposition by a sole proprietor of the registered estate under which capital money arises is
to be registered unless authorised by an order of the court’
b. Joint Tenants
, i. No restriction in register and buyer may generally deal safely with the survivor alone on proof
of death of the deceased co-owner
Charges Register (C)
1. Incumbrances affecting the property
a. Burden of easements
b. Covenants
i. Positive – do not run with the land
ii. Restrictive – run with the land if registered in C
c. Details of Mortgages / Charges – Seek undertaking for those to be discharged prior to completion
2. Notices
a. Unilateral – need to get individual to sign withdrawal form and send to LR to get removed
,2) HOW TO FILL OUT THE CONTRACT AND TR1
Seller’s solicitor drafts the contract which will then be reviewed by and agreed with the buyer’s solicitor
Seller’s solicitor will need to investigate his client’s title prior to drafting the contract
Seller’s capacity to sell the land will need to be checked. Special care to be taken if sellers are trustees, personal
representatives, mortgagees or companies
Contract must be in writing, contain all agreed terms and signed by all parties. It will normally comprise of a
particular of sale, the standard conditions of sale and the special conditions of sale.
Particulars should give a clear and concise description of the property and confirm whether it is leasehold or
freehold. If the sale is of part, or the boundaries are unclear, a plan must be used.
Most contracts will incorporate either Standard Conditions of Sale which has been produced by experts to deal
with issues common to most property transactions.
Special conditions will be needed to vary or supplement the position under the standard conditions, or to deal
with matters specific to the transaction.
Most contracts will contain special conditions dealing with the following:
o Incumbrances to which the property is sold
o Whether the property is sold with vacant possession or subject to tenancies
o The date for completion of the sale
o The rate of interest to be paid if completion is delayed
Filling out the contract
Date – left undated. Date is inserted on date of actual exchange of contracts
Parties – full names and addresses of the parties, as they appear on the transfer, should be inserted. Include
postcodes in addresses.
Property – freehold or leasehold. If the property is registered with absolute title and is a suburban property
with well-defined boundaries, it will suffice to describe it merely by postal address. No plan is needed in this
case.
Title – put title number and confirmation of the class of title should be inserted.
Incumbrances – any incumbrances should be inserted ‘the covenants referred to in entry number 1 of the
Charges Register’
Title guarantee – should only be limited guarantee if a personal representative.
Completion date – left blank until completion
Contract rate – The Law Society’s interest rate from time to time OR 4% above the base rate of Barclays Bank
Price – purchase price of property. Deposit is normally 10% of price for the property.
Agreement for sale – The seller will sell and the buyer will buy the property for the purchase price
Special conditions 1-3 – should not be deleted at all
Special condition 4 – depends on whether the property is being sold with vacant possession or subject to
tenancies.
Special condition 5 – insert time after if 2pm is unsatisfactory. Must be after 12pm.
Special condition 7 – delete if no occupiers other than the seller in the property.
Conveyancers – insert names of parties conveyancers.
, Filling out TR1
Box 1 – title number from the official copies
Box 2 – Property from official copies. Description should include the postcode.
Box 3 – Leave date blank
Box 4 – Transferor is the seller and name should be obtained from official copies. If transferor is a company the
registered number should be included.
Box 5 – Transferee is the buyer. Insert company registered number if the buyer is a company.
Box 6 – Transferees intended address. This is the one which will be entered into the register and the one
relevant after the purchase.
Box 8 – Consideration needs to be in words in figures
Box 9 – full or limited guarantee
Box 10 – only relevant when there is more than one transferee
Box 11 – any other agreed clauses e.g. indemnity covenants should be inserted
Box 12 – Seller must always execute the transfer. Buyer must also execute if transfer contains buyer’s covenants
Property Law
1) INVESTIGATING TITLE
Property Register (A)
1. Description of land – is it what the client was expecting?
2. Does the title number match the contract?
3. Reference to plan – do we have a copy?
4. Freehold or leasehold – match instructions?
5. Easements and Covenants that the property is to have the benefit
a. Is the easement adequate for client’s needs?
b. Is it in need of maintenance? Costs?
c. Right of way – does Council plan on adopting it? Check Local Search
d. Has it been registered? Check Charges Register and SIM search for caution against first registration
Proprietorship Register (B)
1. Class of Title
a. Absolute
i. Strongest form of title that a landowner can have
ii. LR satisfied the Seller is the true and proper owner
b. Qualified
i. Ownership has only been established for a short period of time and reservations or missing
documentation
c. Possessory
i. Seller is in actual occupation without documentary evidence as to how the Property was
acquired
d. Good Leasehold
i. Tenant cannot provide evidence of the Landlord’s title
2. Registered proprietor – same as seller?
a. Marriage certificate?
b. Death certificate?
c. Grant of Representation when PRs selling
3. Indemnity Covenants
a. Seller will remain liable for covenants that affect the Property even after selling
b. Seller should obtain indemnity covenant from buyer on the sale of the property
4. Co-owners
a. Tenants in Common
i. Restriction entered into proprietorship register
Ensures if one co-owner dies, a second trustee is appointed to join with the survivor in the transfer
ii. ‘no disposition by a sole proprietor of the registered estate under which capital money arises is
to be registered unless authorised by an order of the court’
b. Joint Tenants
, i. No restriction in register and buyer may generally deal safely with the survivor alone on proof
of death of the deceased co-owner
Charges Register (C)
1. Incumbrances affecting the property
a. Burden of easements
b. Covenants
i. Positive – do not run with the land
ii. Restrictive – run with the land if registered in C
c. Details of Mortgages / Charges – Seek undertaking for those to be discharged prior to completion
2. Notices
a. Unilateral – need to get individual to sign withdrawal form and send to LR to get removed
,2) HOW TO FILL OUT THE CONTRACT AND TR1
Seller’s solicitor drafts the contract which will then be reviewed by and agreed with the buyer’s solicitor
Seller’s solicitor will need to investigate his client’s title prior to drafting the contract
Seller’s capacity to sell the land will need to be checked. Special care to be taken if sellers are trustees, personal
representatives, mortgagees or companies
Contract must be in writing, contain all agreed terms and signed by all parties. It will normally comprise of a
particular of sale, the standard conditions of sale and the special conditions of sale.
Particulars should give a clear and concise description of the property and confirm whether it is leasehold or
freehold. If the sale is of part, or the boundaries are unclear, a plan must be used.
Most contracts will incorporate either Standard Conditions of Sale which has been produced by experts to deal
with issues common to most property transactions.
Special conditions will be needed to vary or supplement the position under the standard conditions, or to deal
with matters specific to the transaction.
Most contracts will contain special conditions dealing with the following:
o Incumbrances to which the property is sold
o Whether the property is sold with vacant possession or subject to tenancies
o The date for completion of the sale
o The rate of interest to be paid if completion is delayed
Filling out the contract
Date – left undated. Date is inserted on date of actual exchange of contracts
Parties – full names and addresses of the parties, as they appear on the transfer, should be inserted. Include
postcodes in addresses.
Property – freehold or leasehold. If the property is registered with absolute title and is a suburban property
with well-defined boundaries, it will suffice to describe it merely by postal address. No plan is needed in this
case.
Title – put title number and confirmation of the class of title should be inserted.
Incumbrances – any incumbrances should be inserted ‘the covenants referred to in entry number 1 of the
Charges Register’
Title guarantee – should only be limited guarantee if a personal representative.
Completion date – left blank until completion
Contract rate – The Law Society’s interest rate from time to time OR 4% above the base rate of Barclays Bank
Price – purchase price of property. Deposit is normally 10% of price for the property.
Agreement for sale – The seller will sell and the buyer will buy the property for the purchase price
Special conditions 1-3 – should not be deleted at all
Special condition 4 – depends on whether the property is being sold with vacant possession or subject to
tenancies.
Special condition 5 – insert time after if 2pm is unsatisfactory. Must be after 12pm.
Special condition 7 – delete if no occupiers other than the seller in the property.
Conveyancers – insert names of parties conveyancers.
, Filling out TR1
Box 1 – title number from the official copies
Box 2 – Property from official copies. Description should include the postcode.
Box 3 – Leave date blank
Box 4 – Transferor is the seller and name should be obtained from official copies. If transferor is a company the
registered number should be included.
Box 5 – Transferee is the buyer. Insert company registered number if the buyer is a company.
Box 6 – Transferees intended address. This is the one which will be entered into the register and the one
relevant after the purchase.
Box 8 – Consideration needs to be in words in figures
Box 9 – full or limited guarantee
Box 10 – only relevant when there is more than one transferee
Box 11 – any other agreed clauses e.g. indemnity covenants should be inserted
Box 12 – Seller must always execute the transfer. Buyer must also execute if transfer contains buyer’s covenants
