Introduction Flashcards
What are the three stages of the conveyancing timeline ?
1.Pre-exchange
2. Exchange and pre-completion
3. Completion and post completion
What are the 5 stages of the pre-exchange phase of the conveyancing timeline ?
Stage 1: taking instruction + Advising client
Stage 2: draft contracts
Stage 3: pre-contract searches, enquiries & planning
Stage 4: Title
Stage 5: Mortgage
What are the 4 stages of exchange and pre-completion ?
Stage 6: exchange of contracts
Stage 7: purchase deed
Stage 8: pre-completion searches and requisitions
Stage 9: financial statements
What are the 3 stages of completion and post completion in the conveyancing timeline?
Stage 10: Completion
Stage 11: SDLT and registration
Stage 12: Delays and remedies
What does the term “qualifying estate” mean ?
A qualifying estate is either a legal freehold estate in land or an existing legal lease that has more than 7 years to run.
What are the 4 reasons a registration is compulsory when a transfer is made?
1) For valuable or other considerations
2)By way of gift
3) In pursuance of an order of any court
4) By means of an assent (including a vesting assent)
What does assent of property mean ?
The transfer of legal ownership of property or land from the estate of someone who has died into the name of the new owner
What 3 events do not induce a compulsory registration
- Transfer by operation of law e.g where a deceased’s property vests in his personal representatives
- Assignment of a mortgage term e.g the mortgage is by demise or sub demise ( very rare 2002 Act prohibits any more being created that affect registered property)
- Lease merger I.e assignment or surrender of a lease to the immediate reversion where the term is to merge in that reversion