Conveyancing
Conveyancing
This domain tests the contract-to-completion sequence: how a binding contract for the sale of land is formed, how title is investigated and conveyed, and how registration protects the buyer. Questions often turn on formalities, undertakings, and priority.
Contract and formalities
- A contract for the sale of land must be in writing, signed by both parties or their authorised agents, and contain all agreed terms. Incorporation by reference to another signed document is permitted (e.g., s.2 Law of Property (Miscellaneous Provisions) Act 1989 in England and Wales; s.51 Land and Conveyancing Law Reform Act 2009 in Ireland).
- “Subject to contract” negates intention to be bound; a deposit does not create a contract.
- The seller must disclose latent title defects; physical defects are caveat emptor.
- The buyer investigates title, raises requisitions, and completes by deed.
Completion and registration
- A deed must be signed, attested, delivered, and sealed where required; registration perfects priority.
- Overreaching shifts equitable interests into proceeds of sale where statutory conditions are met.
Worked example
Buyer signs a contract and pays a 10% deposit. Seller’s solicitor writes “subject to contract” and signs on seller’s behalf, but seller never signs. Buyer seeks specific performance. Reasoning: the writing requirement is unmet because the party to be charged has not signed an unqualified contract; “subject to contract” shows no intention to be bound; the deposit does not cure the defect. No enforceable contract.
Traps
- Confusing exchange with completion; a binding contract can precede completion by months.
- Assuming a deposit is essential; it is not.
- Missing attestation or delivery when drafting a deed.
- Relying on unregistered rights that may be overreached or void against a registered transferee.