LSB Conveyancing & Notarial Practice cheat sheet

Since 1926 only two legal estates survive: the fee simple absolute in possession and the term of years absolute (Law of Property Act 1925, s 1(1)).

Legal interests bind the world; equitable interests bind all except a bona fide purchaser for value of a legal estate without notice (LPA 1925, s 2).

Five legal interests under LPA 1925 s 1(2): easement, rentcharge, charge by way of legal mortgage, statutory charge, and rights of entry in leases.

A contract for an interest in land is unenforceable unless in writing, incorporating all terms, and signed by the party to be charged (Law of Property (Miscellaneous Provisions) Act 1989, s 2).

Co-owned land is held on trust of land; legal title vests in joint tenants, while equitable title may be joint tenancy or tenancy in common (Trusts of Land and Appointment of Trustees Act 1996).

A lease requires certainty of term, exclusive possession and rent (rent not strictly essential); a licence confers personal permission only.

Easements need a dominant and servient tenement, diversity of ownership, benefit to the dominant land, and capability of forming the subject matter of a grant (Re Ellenborough Park).

Adverse possession of registered land: 10 years' adverse possession triggers notice to the proprietor; registration of the squatter occurs only if a statutory exception applies (Land Registration Act 2002, Sch 6).

Registered land: title is deduced by official copies of the register, title plan and filed documents; unregistered land is deduced by a 15-year epitome of title with good root.

Registrable dispositions under LRA 2002 s 27 (transfers, leases over 7 years, charges) take effect at law only when registered.

Overriding interests bind without registration; examples include short leases, legal easements and customary rights (LRA 2002, Sch 3).

A notice protects a third-party interest in registered land; a restriction controls the circumstances in which a disposition may be registered (LRA 2002, ss 32-40).

Unregistered land: land charges of Classes A-F must be registered at the Land Charges Department; failure renders them void against a purchaser for money or money's worth (Land Charges Act 1972).

Class D(ii) land charge protects restrictive covenants; Class C(i) protects puisne mortgages; Class F protects the rights of a spouse or civil partner in the matrimonial home.

Title investigation checks root of title, chain of ownership, incumbrances, covenants, easements, overriding interests and boundary discrepancies.

First registration is compulsory on a triggering event (transfer for value, gift, assent, first legal mortgage) within two months; late application renders the transfer void (LRA 2002, s 6).

Pre-contract: verify seller's title, capacity, identity, and authority; obtain the protocol forms (TA6, TA7, TA10) and check plan/boundary consistency.

A contract for sale of land must be in writing, contain all agreed terms, and be signed by or on behalf of each party (LP(MP)A 1989, s 2).

Exchange of contracts creates a binding contract; the deposit (typically 10%) is usually held by the seller's solicitor as stakeholder.

Standard Conditions of Sale provide for completion 20 working days after exchange, unless varied.

Time is generally not of the essence unless expressly stipulated or made so by notice; failure to complete gives rise to remedies including specific performance and rescission.

Consumer protection: material information (Part A) must be disclosed at the outset; Part B and C information must be provided in writing before the contract is entered into.

Leasehold: pre-contract enquiries must cover service charge, ground rent, reserve fund, major works, and lease variations, including the Building Safety Act 2022 information.

Planning: check local search and enquiries; listed building consent and conservation area status affect permitted development and alterations.

Local authority search (LLC1 and CON29) reveals local land charges, planning decisions, road proposals, and enforcement notices.

CON29R covers required enquiries; CON29O covers optional enquiries such as public paths and common land.

Drainage and water search (CON29DW) confirms connection, adoption status, and sewerage charges.

Environmental searches assess flood risk, contaminated land, radon, mining, and subsidence risk.

Chancel repair liability search: since 13 October 2013, the liability must be registered as a land charge to bind a purchaser for value; otherwise the PCC can only enforce against registered land if registered.

Coal mining and brine search: reveals subsidence risk and compensation entitlement.

Commons registration search: identifies registered common land, town or village greens, and rights of common.

Planning enforcement: local search may not disclose all enforcement notices; supplementary enquiries and site inspection are advisable.

A legal mortgage of registered land takes effect as a charge by deed expressed as a charge by way of legal mortgage (LPA 1925, s 87).

A mortgage of registered land must be registered to take effect at law as a registrable disposition (LRA 2002, s 27).

Lender requirements: property must be good and marketable security, with clear title, adequate insurance, and compliance with lender's part 2 conditions.

Priority of mortgages: registered charges rank according to the date of registration, not the date of creation (LRA 2002, s 48).

A borrower may redeem a mortgage on payment of principal, interest and costs; the mortgagee's power of sale arises after three months' default (LPA 1925, s 101).

Consumer mortgage regulation: FCA rules require affordability assessment and disclosure; buy-to-let lending is generally unregulated.

Bridging and development finance: check lender's requirements for planning consent, building regulations sign-off, and exit strategy.

Mortgage fraud: verify identity, source of funds, and beneficial ownership; report suspicious activity under POCA 2002.

Completion: transfer deed (TR1) executed, purchase price paid, keys released, and undertaking to discharge existing mortgage.

SDLT return and payment must be filed within 14 days of completion; late filing attracts penalties and interest.

Registration of transfer must be applied for within 30 days of completion (LRA 2002, s 6); late application may cause loss of priority.

Discharge of seller's mortgage: lender's receipt (DS1) or electronic discharge is lodged with HMLR to remove the charge.

AP1 application to register the transfer and charge; FR1 for first registration; ADV1 for adverse possession.

Notice of assignment of lease must be given to the landlord within a reasonable time.

Companies House filings: update register of members and PSC register after transfer of shares, if relevant.

Post-completion: send stamp duty land tax certificate, updated title, and completion statement to client; retain file for at least 6 years (or longer for conveyancing).

Leasehold: check lease term, ground rent review clauses, service charge mechanism, insurance obligations, and forfeiture provisions.

Leasehold Reform, Housing and Urban Development Act 1993: collective enfranchisement and lease extension rights; qualifying tenants must satisfy residence and ownership tests.

Service charges: demands must comply with Landlord and Tenant Act 1985, s 21B (summary of rights) and s 20 (consultation for major works).

Building Safety Act 2022: leaseholder protections for relevant buildings; landlord must provide a leaseholder deed of certificate and building safety information.

Commonhold: Commonhold and Leasehold Reform Act 2002; each unit held in freehold with membership of a commonhold association; no leasehold expiry.

Management companies: check articles, service charge accounts, reserve funds, and directors' indemnity insurance.

Freehold: check covenants, easements, boundaries, mines and minerals, and manorial rights.

Right to manage: qualifying leaseholders may acquire management functions without proving landlord fault (Commonhold and Leasehold Reform Act 2002, Part 2).

Lease vs licence: exclusive possession, term certainty, and rent indicate a lease; a licence creates no proprietary interest.

Security of tenure: Assured shorthold tenancy (Housing Act 1988) requires a written statement of terms, deposit protection, and prescribed information.

Section 21 notice: two months' notice, cannot be served within first four months of tenancy, and requires compliance with deposit and gas safety requirements.

Section 8 notice: grounds for possession, including rent arrears (grounds 8, 10, 11) and anti-social behaviour.

Renters (Reform) Bill: proposed abolition of section 21 and conversion of assured shortholds to periodic tenancies; monitor implementation.

Leasehold covenants: enforceability against successors in title depends on touch and concern the land, and on registration (LRA 2002, s 33 for notices).

Forfeiture: landlord may forfeit for breach of covenant; relief from forfeiture available to tenant (Law of Property Act 1925, s 146).

Break clauses: must be exercised strictly in accordance with notice provisions; failure to comply renders the break ineffective.

A notary public is a legal professional authorised to authenticate documents, administer oaths, and certify signatures for use internationally.

Apostille: a certificate issued under the Hague Apostille Convention 1961 confirming the authenticity of a notarial signature and seal; UK joined in 1961.

Consular legalisation: required for countries not party to the Apostille Convention; involves authentication by the destination country's embassy or consulate.

Notarial certificate: must identify the notary, the parties, the document, the date, and the capacity in which the notary acts.

Protest: a formal declaration by a notary that a bill of exchange or promissory note has been dishonoured; required in some jurisdictions to preserve rights.

Certification of identity: notary must verify identity using reliable documents, record the method, and retain copies in accordance with money laundering rules.

Notarial acts: attestation, authentication, certification of copies, administration of oaths, and protest of negotiable instruments.

Electronic notarisation: permitted in some jurisdictions; check the destination country's requirements for wet-ink signatures and seals.

SRA Principles 2019: act with integrity, maintain trust, act in clients' best interests, and comply with regulatory requirements.

Client care: provide terms of engagement, costs information, complaints procedure, and clear communication about risks.

Money Laundering Regulations 2017: customer due diligence (CDD), enhanced due diligence (EDD) for PEPs and high-risk jurisdictions, and ongoing monitoring.

Source of funds and source of wealth must be verified; retain records for five years after the end of the relationship.

Suspicious activity report (SAR) to the National Crime Agency; tipping off is a criminal offence under POCA 2002, s 333A.

Conflicts of interest: avoid acting for both buyer and seller, or lender and borrower, unless the parties are substantially common interest and satisfy SRA requirements.

Undertakings: personal and professional; must be honoured or the solicitor may be personally liable.

Client money: must be held in a designated client account; interest paid to clients where appropriate.

Remedies for breach of contract: damages, specific performance, rescission, and rectification.

Specific performance is discretionary; courts consider whether damages are adequate and whether the claimant is ready, willing and able to complete.

Professional negligence: establish duty of care, breach, causation, and loss; contributory negligence may reduce damages.

Limitation: contract claims six years from breach (12 years if deed); tort claims six years from damage; land claims 12 years.

Solicitors' negligence: check professional indemnity insurance and notify insurers promptly; consider a without prejudice settlement.

Land registration disputes: refer to the First-tier Tribunal (Property Chamber) or the Upper Tribunal (Lands Chamber) depending on the issue.

Adjudication: available for construction contracts under the Housing Grants, Construction and Regeneration Act 1996.

Complaints: Legal Ombudsman can award up to £50,000 compensation; SRA handles conduct matters.