"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, in force from 1 August 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 ETH giving and accepting undertakings, avoiding negligence, meeting time limits, recognising possible money laundering and mortgage fraud, and costs quotations ETH are all addressed, as is the all-important matter of keeping the client informed. Packed with useful checklists, hints and tips, "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.
Table of 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 The register of home condition reports 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 Checklists 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 sellerOs 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 checklists Chapter 13: Completion and Remedies Introduction Time and place of completion Methods of completion The money The unrepresented seller Procedure on completion Simultaneous 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 Chapter 16: Leaseholds Introduction The grant of a lease Deducing title The contents of the lease Sub-leases Mortgages The assignment of a lease The variation of a lease Statutory provisions affecting leases Commonhold Chapter 17: New Properties Introduction Title The contrac
Susan Alterman, the author, has a wealth of experience, both as a solicitor in private practice in the field of property law, and in training conveyancers.