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.
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 interests include certain rights of occupation, easements, leases for a term of less than 7 years etc.
What Overriding Interests are Disclosable and Why?
The full list of disclosable overriding intersts can be found in Schedule 1 & Schedule 3 of the Land Registration Act 2002. The purpose is to try to reduce the number of overriding interests and replace them with entries in the registers, thus making titles more transparent. The Land Registration Act 2002 imposes an obligation on a purchaser to disclose relevant overriding interests to the land registry as part of the application for registration.
Establishing Whether Disclosable Overriding Interests Exist When Acting for a Purchaser
As mentioned above the purchaser of a property is under a duty to disclose any relevant overriding interest which he is or could reasonably be exptected to be aware of. For this reason the purchaser's solicitor should enquire of the seller as to whether the seller is aware of any such interest. Naturally if the seller is simply asked whether the property is subject to overriding interests it is unlikely he will understand the question therefore a questionnaire, such as the one found by following this link, should be used.
Disclosing Overriding Interests
If relevant overriding interests do exist then they must be disclosed to the land registry using form DI. This form should be submitted along with the AP1 (see Registration). Evidence of how the interest has arisen must be lodged. A certified copy of the deed or document which created the overriding interest is usually sufficient. The effect of disclosure is that the overriding interest will, if valid, be noted on the title to the property.