When the land registry registers a particular piece of freehold land for the first time it will give it one of three “classes” of title. These are absolute, qualified and possessory. Absolute is the best class to have as it is indefeasible, i.e. once it is granted the proprietor is recognised as the absolute owner and no one can challenge his ownership, even if it appears that a person may have a genuine claim to the land.
How to Claim Ownership To Land
October 18th, 2010 HIP-Consultant.co.uk Posted in Land Registry, Legal, Property Conveyancing Comments Off on How to Claim Ownership To Land
Updating Names on the Registers of Title
August 31st, 2010 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing 2 Comments »
There are a number of situations which might occur during a person’s life which may render the name or names appearing on the registers of title to that person’s property inaccurate and in need of correction. It is not a legal requirement to make the correction however it will need to be dealt with when the property is sold (or inherited) and dealing with it straight away will help to avoid delays at that stage, as well as reducing the risk of any fraud whereby a person for example assumes an identity which no longer exists in order to borrow money against the property.
Obtaining Conveyancing Searches
July 30th, 2010 HIP-Consultant.co.uk Posted in Land Registry, Local Authority Searches, Property Conveyancing 2 Comments »
For the past few years obtaining the conveyancing searches has been the responsibility of the home information pack provider since the major ones, the local authority search and drainage & water search, were a compulsory part of it. Now that HIPs have been suspended the searches must be obtained by the purchaser (or his conveyancer).
Guide to Extending a Leaseholder’s Lease
June 5th, 2010 HIP-Consultant.co.uk Posted in Land Registry, Landlords, Legal, Property Conveyancing 2 Comments »
In our guide to lease extensions, we look at how a leaseholder can extend their lease and what pitfalls you should look out for.
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Acquiring a Right Over Another’s Land
June 1st, 2010 HIP-Consultant.co.uk Posted in Land Registry, Legal, Property Conveyancing Comments Off on Acquiring a Right Over Another’s Land
A right over a piece of land for the benefit of another piece of land, such as a right of way or a right to use services running under the land is called an “easement”. The land which benefits from an easement is called the “dominant tenement” or “dominant land” and the land which is subject to the easement is the “servient tenement” or “servient land”. There are several ways in which an easement can be created and once it exists then subject to certain exceptions, it exists for all time for the benefit of the dominant land.
Land Registration and the Land Registry
May 18th, 2010 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing 1 Comment »
In our latest article in a series de-mystifying property conveyancing we focus on the Land Registry system and how property and land is registered.
Owning a Property Jointly, How to Buy Together
May 10th, 2010 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing 4 Comments »
A jointly owned property involves various areas of property law which should be considered and we expand on in our latest article de-mystifying property conveyancing.
The word “estate” in relation to a piece of land is used to describe the bundle of rights, covenants, charges and other interests associated with it.
What is Shared Ownership Property ?
April 28th, 2010 HIP-Consultant.co.uk Posted in Land Registry, Landlords, Property Conveyancing Comments Off on What is Shared Ownership Property ?
In our guide to shared ownership property we look at various aspects; from some frequently used phrases to more less understood technical explanations and definitions.
Buying a Repossessed Property
April 19th, 2010 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing, Top Tips 50 Comments »
Although the legal requirements when buying a repossessed property are basically the same as when buying any other; there are some issues that arise from the fact that the lender has no personal knowledge of the property and that the transfer will be under a power of sale.
Property Purchase Completion – A Buyer’s Guide – Part 3
October 31st, 2008 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing, Property Market Comments Off on Property Purchase Completion – A Buyer’s Guide – Part 3
The final part of our Property Purchase Completion Guide we take a looka what happens when things dont go as planned.
Completions that don’t happen on the day
There are occasions when, for a number of reasons, completion does not happen on the day. Obviously this can cause serious difficulties however there are a few things that you can do to help mitigate these difficulties and any financial losses:
• Make sure you are available to speak to your lawyer and to the selling agents at all times. Find out what time your lawyer will be finishing for the day and see if there will be anyone staying later who could deal with any last minute issues
• If you are also selling a property do not hand the keys to your purchaser or allow them to move their belongings in unless your lawyer has advised you to do so
Property Purchase Completion – A Buyer’s Guide – Part 2
October 29th, 2008 HIP-Consultant.co.uk Posted in Land Registry, Property Conveyancing, Property Market 2 Comments »
The property completion proceedings are further discussed in Part 2 of of our guide; including some of the obstacles that you may encounter when buying your next home.
Events on the day of completion
In the normal course the completion monies will be sent by your lawyer early on the day of completion to the account of the seller’s lawyer. If you are also selling a property then your lawyer will need to receive the funds from your purchaser’s lawyer first which obviously means the monies would be transferred to your seller’s lawyer later in the day.
Your property purchase is considered completed when the seller’s lawyer receives the completion monies and when the seller vacates the property. As the lawyers cannot control what time the funds will reach their destinations there is no guarantee as to what time completion will take place. However, generally it will be around lunchtime.
The contract will incorporate a latest time for completion. This will either be as per the standard conditions of sale, in which it will be 2pm, or it may be varied. It is very rare that it will be later than 2pm but it is quite common for it to be earlier, perhaps 1pm or even as early as 12. If the matter has not completed by this latest time then the party who has caused the delay in breach of the contract (see below).