Formalities and Documents and Forms Flashcards
Formalities and Documents
Transfer of legal estate, creation of sub-leases and creation of mortgage are by Deed but exceptions to this rule are:
2
Leases of 3 years or less
Equitable Interests
Formalities and Documents
Requirements of a Valid Deed
3
In writing
Made clear (on face) intended as a deed
Be validy executed as a deed by the parties to it
Formalities and Documents
Rules of Consideration
4
- Must move from the Promisee
- Can’t be past
- Need not be adequate (trivial amounts are fine)
- But must be sufficient (something of value)
Formalities and Documents
**Statutory Declaration **
1
A written statement of fact **signed in front of specified people **(Notary Public, Solicitor, Commissioner for Oaths etc)
e.g. confirm a RoW
Formalities and Documents
Statement of Truth
1
A method of providing evidence in support of an HMLR Application
e.g registering a long used right like Prescription RoW
Signed in wet-ink
Formalities and Documents
Epitome of Title
1
For unregistetered property and is a list of docs demonstrating the sellers ownership with photocopies attached
Formalities and Documents
Certified Copies
1
Acceptable substitute to the original , a photocopy that individual certified as a “true copy” on a given date- with signature, name and address of firm
Formalities and Documents
Examined Copy
1
Earlier alternative to Certified Copy- usually re: unregistered title. Acceptable to HMLR.
Formalities and Documents
Abstract Copy
1
Old process re: unregistered conveyancing
In shorthand
Formalities and Documents
“Office Copy”
1
Relates to Grant of Probate or Letters of Registration
Forms
Form AP1
1
Application to chnage the Register
e.g. register new charge
Forms
Conveyancing Protocol
1
Law Society Framework for conveyancing
Forms
SCS
1
Standard Conditions of Sale (5th Ed.)
Includes Special Conditions
Forms
Form TA6
1
Property Information Form
(boundaries, disputes, guarantees etc)
Instruction Phase
Forms
Form TA10
1
Fittings and Contents Form
Forms
Form TA13
1
Completion Information and Undertakings
Must be sent to buyer CVA 5 working days before completion. Sellers CVA acts as agent-without-fee for the buyers CVA
Vacant possession, Deeds, Completion, mortgage discharge, undertaking
Forms
TA7 Leasehold Information Form
1
Seller of leasehold completes
Forms
Form ST3/ST4
1
Statement of Truth used in an application to HMLR
Forms
Form TR1
1
Transfer of whole of registered title at HMLR
Forms
Form TP1
1
Transfer of part of registered land at HMLR
Forms
Form AS1
1
Assent Form- transfer a property to a benefactor in a will and used by a PR
Forms
Form PA15
1
Give-up probate or Administration Rights
Forms
Form IHT400
1
Submit to HMRC For large or complex estates
(over 325k?)
Forms
Form IHT205
Submit to HMRC for IHT that is for small or simple estates
Forms
Form IHT421
1
Probate Summary- receipt from HMRC as proof of IHT payment and can be sent to Probate Registry
NOT USED ANYMORE?
Forms
Form PA1P
1
Apply for Probate (if you’re an Exec or B)
Forms
Contract Bundle (“Pre-Contract Package”)
4
- Draft Contract x 2
- Evidence of Title
- Sellers PIF (TA6)
- Fittings and Contents Form (TA10)
Before Exchange
Forms
Forms OS1/OS2
1
Pre-Completion Searches (any new entries on Register?)
Whole/Part
Forms
Official Search Certificate
1
Returned from HMLR after Pre-Completion Searches- gives a 30 working day priority period
Forms
Form K16
1
Bankruptcy Search (against a Buyer) and gives a 15 day working period
Forms
Certificate of Title
1
Sent by Buyer CVA to Lender- confirms title is marketable and good security
Forms
Form JO
1
Declaration of Trust (executed by joint buyers if not done via Box 10 in TR1 Transfer deed)
Forms
Form SDLT5
1
Land Transaction Return Form sent to HMRC with IHT payment
Forms
Form SEV
1
Form A Resriction on Proprietorship Register at HMLR- submitted to HMLR
Forms
Title Information Document
1
HMLR issues this on completion of registration- sent by Buyer CVA to Buyer and advised to keep and update Address for Service
Forms
Form DS1
1
Cancellation of Entries for Lenders- proof a mortgage has been discharged
Forms
SDLT5 Certificate
1
Proof that SDLT has been paid
