Sale & Purchase
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.
Pre-Exchange
Post-Exchange
Overview
Documents & Guides
- Contract - Registered Land
- Contract - Unregistered L...
- Contract - Unregistered L...
- Epitome Of Title
- Fixtures, Fittings & Cont...
- Flat Lease - Specimen
- Guide To Standard Conditi...
- House Lease - Specimen
- Leasehold Contract
- Leasehold Example Enquiries
- Leasehold Information Form
- National Conditions Of Sa...
- Notice Of Assignment
- Notice Of Assignment & Ch...
- Property Report
- Purchase Completion State...
- Replies To Requisition On...
- Requisition On Title
- Sale Completion Statement
- Sample Drainage Search Re...
- Sample Office Copy Entries
- Sellers Property Informat...
- Statutory Declaration As ...
- Statutory Declaration As ...
Remortgages & Transfers
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.
Remortgages
Transfers & Gifts
Documents & Guides
DIY Conveyancing / General
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.
Information
General Guides
Conveyancing Searches
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.
Standard
Regional
Optional
Quote Request
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.
Order
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.
Professional Services
Documents & Resources
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I Want To Sell My Jointly Owned Property With Boydriend Who Has A Restriction Charge Registered Against His Beneficial Interest.
By Guest on 16th Oct 2015We want to sell our property. And pay back our mortgage in full. But not the other restriction charging order on my boyfriends beneficial in the property. I understand that there is a law allowing us to do this made in 2002. If you believe you have a Charging Order against your jointly owned property and a Standard Restriction has been registered at the Land Registry it will be important for you to explain this to any solicitor you are using for your sale at the beginning to ensure that they understand it.
After the sale is completed the new buyers’ solicitor must write to the creditor who owns the standard restriction informing them that the buyer now owns the property. They can then simply confirm to the Land Registry that they have given that notice to the creditor and that the Land Registry should transfer the interest in the property to the new owner.
The land registry will not ask to see the consent of the creditor who has the benefit of the Restriction. They will only want confirmation from the new owner’s solicitor that the creditor who has the benefit of the Restriction has been given written notice of the transfer as above.
The interests of the new purchaser will overturn the Restriction and it is automatically removed from the property. The creditor will receive a letter from the Land Registry confirming that a sale has already taken place. This will happen typically a week or two after the sale so there is little they can do to get the debt paid.
BMD Tip: Not all solicitors are aware of this area of the law. It was only established in 2003 under the Land Registry Act of 2002. As such there is a danger that your solicitor would go ahead and repay your creditor anyway unless they are made aware that they should not do this and investigate the matter further.
Could a Restriction ever prevent the sale of a property?
The only way a Restriction could prevent the sale of a property is if the wording of a Standard Restriction is changed. The standard Restriction is based upon the wording in what is known as the Land Registry’s form “K”. I don't know how to tell of there is a restriction K but see no reference to it in the land registry. It looks like only written notice to his former spouse by our conveyancer is all that is required after sold. No answers has been posted yet!
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