Formalities and Documents and Forms

Question 1

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

Answer 1

Leases of 3 years or less
Equitable Interests

Question 2

Formalities and Documents

Requirements of a Valid Deed

3

Answer 2

In writing
Made clear (on face) intended as a deed
Be validy executed as a deed by the parties to it

Question 3

Formalities and Documents

Rules of Consideration

4

Answer 3

1. Must move from the Promisee
2. Can’t be past
3. Need not be adequate (trivial amounts are fine)
4. But must be sufficient (something of value)

Question 4

Formalities and Documents

**Statutory Declaration **

1

Answer 4

A written statement of fact **signed in front of specified people **(Notary Public, Solicitor, Commissioner for Oaths etc)

e.g. confirm a RoW

Question 5

Formalities and Documents

Statement of Truth

1

Answer 5

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

Question 6

Formalities and Documents

Epitome of Title

1

Answer 6

For unregistetered property and is a list of docs demonstrating the sellers ownership with photocopies attached

Question 7

Formalities and Documents

Certified Copies

1

Answer 7

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

Question 8

Formalities and Documents

Examined Copy

1

Answer 8

Earlier alternative to Certified Copy- usually re: unregistered title. Acceptable to HMLR.

Question 9

Formalities and Documents

Abstract Copy

1

Answer 9

Old process re: unregistered conveyancing

In shorthand

Question 10

Formalities and Documents

“Office Copy”

1

Answer 10

Relates to Grant of Probate or Letters of Registration

Question 11

Forms

Form AP1

1

Answer 11

Application to chnage the Register

e.g. register new charge

Question 12

Forms

Conveyancing Protocol

1

Answer 12

Law Society Framework for conveyancing

Question 13

Forms

SCS

1

Answer 13

Standard Conditions of Sale (5th Ed.)

Includes Special Conditions

Question 14

Forms

Form TA6

1

Answer 14

Property Information Form
(boundaries, disputes, guarantees etc)

Instruction Phase

Question 15

Forms

Form TA10

1

Answer 15

Fittings and Contents Form

Question 16

Forms

Form TA13

1

Answer 16

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

Question 17

Forms

TA7 Leasehold Information Form

1

Answer 17

Seller of leasehold completes

Question 18

Forms

Form ST3/ST4

1

Answer 18

Statement of Truth used in an application to HMLR

Question 19

Forms

Form TR1

1

Answer 19

Transfer of whole of registered title at HMLR

Question 20

Forms

Form TP1

1

Answer 20

Transfer of part of registered land at HMLR

Question 21

Forms

Form AS1

1

Answer 21

Assent Form- transfer a property to a benefactor in a will and used by a PR

Question 22

Forms

Form PA15

1

Answer 22

Give-up probate or Administration Rights

Question 23

Forms

Form IHT400

1

Answer 23

Submit to HMRC For large or complex estates

(over 325k?)

Question 24

Forms

Form IHT205

Answer 24

Submit to HMRC for IHT that is for small or simple estates

Question 25

Forms

Form IHT421

1

Answer 25

Probate Summary- receipt from HMRC as proof of IHT payment and can be sent to Probate Registry

NOT USED ANYMORE?

Question 26

Forms

Form PA1P

1

Answer 26

Apply for Probate (if you’re an Exec or B)

Question 27

Forms

Contract Bundle (“Pre-Contract Package”)

4

Answer 27

1. Draft Contract x 2
2. Evidence of Title
3. Sellers PIF (TA6)
4. Fittings and Contents Form (TA10)

Before Exchange

Question 28

Forms

Forms OS1/OS2

1

Answer 28

Pre-Completion Searches (any new entries on Register?)

Whole/Part

Question 29

Forms

Official Search Certificate

1

Answer 29

Returned from HMLR after Pre-Completion Searches- gives a 30 working day priority period

Question 30

Forms

Form K16

1

Answer 30

Bankruptcy Search (against a Buyer) and gives a 15 day working period

Question 31

Forms

Certificate of Title

1

Answer 31

Sent by Buyer CVA to Lender- confirms title is marketable and good security

Question 32

Forms

Form JO

1

Answer 32

Declaration of Trust (executed by joint buyers if not done via Box 10 in TR1 Transfer deed)

Question 33

Forms

Form SDLT5

1

Answer 33

Land Transaction Return Form sent to HMRC with IHT payment

Question 34

Forms

Form SEV

1

Answer 34

Form A Resriction on Proprietorship Register at HMLR- submitted to HMLR

Question 35

Forms

Title Information Document

1

Answer 35

HMLR issues this on completion of registration- sent by Buyer CVA to Buyer and advised to keep and update Address for Service

Question 36

Forms

Form DS1

1

Answer 36

Cancellation of Entries for Lenders- proof a mortgage has been discharged

Question 37

Forms

SDLT5 Certificate

1

Answer 37

Proof that SDLT has been paid