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.
We are currently re mortgaging but a Form B restriction is holding things up. We need to provide a Statutory Declaration or Statement of Truth before the re-mortgage can go through.
The restriction reads:
[B]RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx or some variation thereof referred to in the declaration, statement or certificate. [/B]
I have searched and searched the internet for a template but to no avail.
Would you be so kind as to advise if the wording I use below is accurate?
[I]"With regards to the following restriction at entry xx on title xxxxxxx:
RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx or some variation thereof referred to in the declaration, statement or certificate.
I declare that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx.
I believe that the facts and matters contained in this statement are true."[/I]
Is it necessary to include the original restriction within the statement, should i make reference to the disposition being a re-mortgage?
Any advice would be very welcome
The wording you propose is basically ok, though you are right to suggest that you should make reference to the remortgage, so I would suggest something like "I declare that the proposed disposition being the granting of a charge I favour of [your new lender and dated [leave blank for completion date to be inserted when known] is made in accordance with the ...".
You don't really need to write out the restriction, just the reference to the number of the entry in the Proprietorship Register and the title number will be ok, but it won't do any harm to set out the wording if you want to.
Hope this helps
Im completing a ST1 for an unregistered strip of land adjacent to my house that has been gated and fenced off for 26 years. I have managed to complete all of the form but the part in section 12 that states "I am relying on paragraph 1(2) of Schedule 6 to the Land Registration Act 2002 and the facts such reference are as follows:". Do i cross this and if so what do I put?