Guidance on Sale and Purchase of Land
Property law involves complex legal and family law issues. It is advisable to seek the professional advice of a solicitor whether it involves sale/purchase, grant of a lease or licence, revocation of the lease, charges on the land register such as Easements, adverse possession or any other issue with the land.
This document is produced for general guidance only and includes the necessary practical information.
A compulsory registration with land registry is required upon the occurrence of following events:
- A conveyance (sale or gift-it does not have to be for value) of an unregistered freehold estate.
- First legal mortgage
- An assent by the personal representative. (Probate)
The conveyancing process varies depending on whether the title to the property is registered or unregistered.
- Pre-Contract matters are probed by buyer and seller including examination of actual deed and other documents
- Parties exchange the Contract
- Legal effect of exchange (Both parties are bound by the agreement)
- Both parties will follow the procedure between exchange of the contract and completion
- Post completion steps
The procedure is similar as for unregistered land, subject to some alterations:
- The seller’s solicitor will apply for an official copy of the register and this is sent to the buyer’s solicitor with the draft contract
- There is no need to carry out a Public Index Map search at the Land Registry since the title is already registered.
- Transfer of the property is affected by a Transfer (TRI form), which is a simple pre-printed form completed by the buyer’s solicitor.
- Prior to completion, the buyer’s solicitor will carry out a search at the District Land Registry. Instead of a full search at the Land Charges Registry, the buyer’s solicitor will carry out a bankruptcy only search since this is the only type of entry held by the Land Charges Registry which could affect the owner of the registered land.
- After completion, the buyer’s solicitor applies for registration of the buyer as the newly registered proprietor of the land and at the same time applies for registration of any mortgage.
A buyer has to be very careful with the problems posed by the rights of the persons who are not landowner but are in occupation of the land. These are people who are either in an occupation with seller or person who is in an occupation with the mortgagor or both.
While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.