Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.
Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.
So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.
A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.
Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.
Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.
The name on the land registry for the deceased proprietor is Middle Name, First Name compared to First Name, Middle Name on the Grant of Probate. Can it be changed on the Land Registry in the event of sale?
Hi,
It is possible to update the register, if it is that that is incorrect and not the probate, but what usually happens is in the event of a sale the executor (if the deceased was the last of the owners to die) or else the surviving owner will give a statement of truth, or else a statutory declaration, confirming that both the person named on the register and the person named in the probate are one and the same. That will be enough to satisfy HMLR and should be enough to satisfy the buyer's solicitor
The buyer's solicitors do not want to take the risk, in case the application is refused at HMLR, and they will not exchange unless the names match between the 2 documents. What would you advise in this instance? Is this considered bad advice from the buyer's solicitors?
The buyers' solicitors must advise their clients as they see fit and it wouldn't be appropriate for me to comment on that. Firstly, is it the case that all of the proprietors are deceased and the sale is being conducted by the executor of the last proprietor to die; secondly is it that proprietor for whom the name discrepancy exists; and thirdly, which is correct - the probate or the title register?
In response to your questions:
1. All of the proprietors are deceased and the sale is being conducted by the executor of the last proprietor to die
2. Yes the name discrepancy exists for the deceased proprietor
3. The error is on the Land Registry. The probate is First Name, Middle Name but LR is Middle Name, First Name
In that case you can apply to HMLR. If you have access to the Business e-services portal you can use the e-Change of Name facility. Otherwise, if you call HMLR 0300 006 0411 they'll be able to tell you how to apply. Note that HMLR's helpline is closed on Fridays