General Guides

  • Powers of attorney

    Powers of attorney

    A power of attorney is a deed by which one person ("the Donor") grants the attorney ("the Donee") the right to perform certain functions in place of the Donor. Powers of attorney can be useful when the Donor is unable to sign documents or give instru...

  • Building Regulations Conveyancing

    Building Regulations Conveyancing

    When is Building Regulations Approval Required? According to section 1 of the Building Act 1984, any work which involves the design and construction of buildings (which includes extensions and alterations to an existing building), the demolition of b...

  • Common Title Defects

    Common Title Defects

    What is a "Defective Title"? A title can be considered defective if there is something missing from it, or something within the title that should not be. This might be a missing right of way, a piece of land that forms part of the physical property b...

  • Council of Mortgage Lenders CML Handbook

    Council of Mortgage Lenders CML Handbook

    The CML Handbook is a set of standard instructions from mortgage lenders to solicitors when dealing with conveyancing transactions. The CML handbook is issued by the Council of Mortgage Lenders (CML) and applies only to those lenders who are members ...

  • Disclosable Overriding Interests

    Disclosable Overriding Interests

    What is an Overriding Interest? An overriding interest is any interest in land which "overrides" registration, i.e. it is still valid and enforceable against land even though it is not registered against the land's title. Examples of overriding ...

  • How to Find Solicitors

    How to Find Solicitors

    Whether you are selling or buying your property in England and Wales, you'll probably need to find solicitors to deal with the conveyancing. Most of us have little or no contact with the law in our daily lives so the idea of having to find solicitors...

  • Legal Indemnity Insurance

    Legal Indemnity Insurance

    What is legal indemnity insurance? Legal indemnity insurance is obtained in order to offer protection to a buyer (and a lender) where there is a defect in the title which cannot be resolved. In theory indemnity insurance should only be used as a last...

  • Useful Transfer Clauses

    Useful Transfer Clauses

    The transfer deed, which is the document that needs to be presented to the land registry in order to register a change of ownership of land, now comes in one of four standard forms (TR1, TR2, TP1 or TP2). It is sometimes necessary however to add addi...

  • Planning Permission

    Planning Permission

    Introduction to Planning Permission The conveyancer has a duty when acting for a lender, in accordance with the CML handbook, to ensure that all necessary planning permissions and building regulations approvals have been obtained in respect of the co...

  • Notices and Restrictions

    Notices and Restrictions

    What is a Notice? A notice is an entry which appears in the Charges Register (with the exception of a Bankruptcy Notice) of the Official Copies and which protects the priority of a third party interest in the property against the affect of a "disposi...

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