16. Leaseholds

This chapter first examines some of the more commonly encountered elements or clauses in most leases. Essentially, it sets out what one might expect to see in a lease of either residential or commercial property. The discussions then turn to the Council of Mortgage Lenders’ Handbook for Solicitors and Licensed Conveyancers England and Wales; defective leases; liability on covenants in leases: enforcement; granting new leases; existing leases; and enfranchisement.

13. Completion

Completion is the moment in time when the buyer pays over the balance of the purchase price to the seller in exchange for the deeds (if any), executed purchase deed, keys, and, if the contract so provides, vacant possession. This chapter discusses the how, where, and when for completion; deeds and unregistered land; postal completions; dealing with the discharge of the seller’s mortgage; the Land Registry’s electronic discharge (e-DS1) scheme; and the outcome of completion.

6. Pre-contract searches and enquiries

This chapter examines pre-contract searches and enquiries. Searches are requests for information about the subject property made by conveyancers that are sent to various agencies that hold that information, like local authorities. Enquiries are questions about the subject property that are sent to a seller to answer. These are interesting and important subjects within the conveyancing process and cover a lot of points that can be of considerable consequence to a buyer.

1. Introduction

Property Law and Practice (PLP) covers all aspects of the process that is otherwise called conveyancing. It is how practitioners arrange the transmission of property ownership from seller to buyer. This introductory chapter provides an overview of PLP. Specifically, it explains the three foundations upon which PLP rests: land law, contract law, and trusts.

18. Commercial conveyancing

Commercial conveyancing services support the market in and for commercial property. This chapter focuses on several different topics that relate to commercial property and involve specialist knowledge of commercial conveyancing. These include commercial leases; buying and selling commercial freeholds; and commercial property and some elements of revenue law.

17. New properties

This chapter discusses issues relating to the sale of new properties. It covers acting for a developer or buyer, road and sewer agreements, structural defects insurance, and synchronizing completion of a related sale when acting for the buyer of new property.

14. Post-completion procedures

Conveyancing practitioners, whether they are acting for the seller or the buyer, still have much to do once completion has taken place. However, the buyer’s solicitor will have more work to do, as in most transactions acting on behalf of the buyer means after completion dealing with the possible payment of stamp duty land tax and then registration of the title and/or transfer. So far as the seller is concerned, if there is a mortgage, paying off any lender is required, as well as accounting to the client for the net proceeds of sale. This chapter considers all these post-completion procedures.

3. An outline of a conveyancing transaction

This chapter explains the process of conveyancing as a whole through an outline of a typical conveyancing transaction. It describes a transaction in outline; energy performance certificates; the Land Registry Portal; and the Law Society’s Conveyancing Quality Scheme; and the future of conveyancing.

2. Important principles of land law

Land Law is an important foundation for the study of Property Law and Practice (PLP). This chapter summarizes the fundamental principles of land law. It covers estates and interests in land; trusts and co-ownership; easements; freehold covenants; leases; mortgages; and third party rights, overriding interests, and the register and classes of title.

20. Assessment guidance

This chapter considers the process by which students are required to demonstrate their knowledge and abilities on property law and practice-the subject assessment or examination itself. It presents some hints and tips to enhance and improve examination technique.