UNIT 7 C 2

Question 1

WHAT IS A LICENSED CONVEYANCER?

Answer 1

A licensed conveyancer is a person who has met specific
requirements relating to study, qualification and experience
as required by a recognised conveyancing organisation

Question 2

THE ROLE OF SOLICITORS IN SCOTLAND

Answer 2

In addition to carrying out the legal work associated with house
purchase, some Scottish solicitors, particularly in eastern
Scotland, act as selling agents for houses.

Question 3

What is involved in investigation of title?

Question 4

WHAT SEARCHES ARE CARRIED OUT?

Answer 4

Land Registry search
Carried out if the land is unregistered to check for puisne mortgages or spousal
interests.
Land Charges Registry search
The Local Land Charges Register identifies details of obligations and restrictions
attaching to the property. These records are being transferred from local authorities to
the Land Registry, with completion expected by 2025. Enquiries to the local authority
identify road changes, town planning schemes and so on, which may affect the property
and apply to the land (both registered and unregistered) rather than the individual.
Local Land Charges Registry Search and Enquiries of the Local Authority
Carried out by the lender’s solicitor to ensure that the applicant is not a bankrupt, and
sometimes carried out on the vendor to confirm they have the right to receive the
proceeds of the sale. A vendor who is an undischarged bankrupt would not be entitled
to receive the proceeds of the sale, as their assets are controlled by an insolvency
practitioner.
Bankruptcy search
Checks that the land being sold is not common land. Usually applies where the land is in
the countryside and previously undeveloped; or belonged to the Lord of the Manor; or
is designated a town or village green.
Commons registration search
PUISNE MORTGAGE
A puisne mortgage is one where the lender on an unregistered
property does not have the title deeds as security for the mortgage. For
unregistered land, the lender holding the title deeds is considered to be
the first‑charge holder. A puisne mortgage holder is in the same position
as a second or subsequent charge holder on registered land.
SPOUSAL INTEREST
Exists where a non‑owning spouse has lodged an interest in the property
under the Family Law Act 1996.

Question 5

A puisne mortgage

Answer 5

A puisne mortgage is one where the lender on an unregistered
property does not have the title deeds as security for the mortgage

Question 6

SPOUSAL INTEREST

Answer 6

Exists where a non‑owning spouse has lodged an interest in the property
under the Family Law Act 1996.
KEY TERMS

Question 7

DISBURSEMENTS

Answer 7

Expenses paid by the solicitor on the buyer’s behalf, such as stamp duty
land tax, registration fees, searches, etc