Be prepared before action
HOW CONVEYANCING TRANSACTION WORKS
Property and housing decisions create long-term legal and financial consequences. A tenancy, purchase, sale, lease, deposit, repair issue or possession process can involve detailed documents, statutory duties and strict procedures. SI Law Solutions provides structured education that helps each audience understand the transaction or relationship before problems become harder to manage.
WHAT YOU NEED TO KNOW
Conveyancing is concerned with the buying and selling of interests in land. As such, it is necessary to have an understanding of the underlying principles relating to land law in England and Wales in order to be able to conduct a transaction successfully.
Third party interests
When purchasing a property, the main issue to consider is whether any interests affecting that property belonging to a third party will continue to bind the new owner following acquisition. The way in which such interests are protected depends upon whether the title to the land is registered or unregistered and is considered in more detail in SI law articles.
Express grant or reservation (EASEMENTS)
Easements are most frequently created expressly, usually where an owner of land sells part of the property. Consideration of the creation of easements will therefore concentrate on this method. If an individual owns a piece of land fronting a road, and decides to sell part of the rear to someone, they might need to grant the buyer a right of way in favour of the land sold to get to the road. Equally, if the individual decides to keep the rear portion and sell the front, they might need to reserve a right of way in favour of the land retained. In order to take effect as a legal easement, the right has to be created by deed and granted for a period that is equivalent to an estate in fee simple in possession or a term of years absolute. The main issue here is whether your land contains a previous grant or reservation that could affect your land value in the future.
A promise that may affect a land
A land could also be affected by a simple promise made in a deed, which is called a covenant. And land may be subject to covenants which affect its use in some way. Such covenants are usually first imposed on a sale of part, where the parties need to enter into covenants to govern the use of what will in effect become two new parcels of land following the completion of that transaction. SI law will review all different types of covenant, their enforcement, burdens, and benefits that affect the value and use of your land.
Co-ownership
Co-ownership arises whenever two or more people buy a property. The most common example is when a couple buys a house together. Whenever this occurs, the legal interest can only be held under a joint tenancy. As far as the beneficial interest is concerned, it may be held either under a joint tenancy ( when they are all equally entitled to the whole property and do not have individual shares), or under a tenancy in common (where the co-owners wish to control the equitable interest of the land). SI law guides and explains when it is beneficial for an individual to opt for each option.
Mortgage
A mortgage is a transaction where the borrower (‘mortgagor’) borrows money from the lender (‘mortgagee’) and transfers to the lender, as security for the loan, a legal or equitable interest in land. After creating the deed, the lender has a number of remedies available in the event of default by the borrower, such as the power of sale. This mostly arises when the date for redemption has passed.
More Help?
QUESTIONS PEOPLE ASK
- What can my mortgage lender do if I miss repayments?
- Should we own the property as joint tenants or tenants in common?
- Could a restrictive covenant limit how I use or develop my property?
- Does the property include—or depend on—a legal right of way?
- Will existing third-party rights still bind me after I purchase the property?
WHAT WE DO
PRE-CONTRACT
Be able to identify the steps needed to raise and the issues arising from pre-contract enquiries and pre-contract searches. And decide what action needs to be taken.
BINDING CONTRACT
Understand when the contract becomes binding and appreciate the need to select a method of making the contract binding appropriate to the transaction
AFTER BINDING CONTRACT
Be able to deal appropriately with the deposit, obtaining undertakings and arrange insurance. Prepare appropriate, clear and precise undertakings. Prepare the mortgage documentation.
SALE CONTRACT
Be able to examine contract drafting, deduction of title and the considerations involved.
LEASEHOLD
Be able to consider what is involved in the sale and purchase of leasehold land and understand the essential elements of a lease.
COMMERCIAL PROPERTY
Understanding of the mechanics of and issues involved in a commercial property transaction; and to examine the nature and requirements of the Landlord and Tenant Act 1954
KNOWLEDGE HUB
Lease Assignment
Gain comprehensive property and conveyancing information, stay informed about the latest developments, and benefit from expert insights, local trends, and practical advice tailored to homeowners, investors, and renters.
Constructive Knowledge
To prove liability for negligence you need to establish knowledge. For example, if you believe that your employer is responsible for your injury you would have to show that they were aware of the threat and did not take any reasonable steps to avoid it.
Business
In the UK, business law ensures that companies operate within a structured and lawful environment, promoting fair trade and protecting stakeholders’ rights. Whether you’re starting a new venture, expanding operations, or managing legal risks, business law is an essential pillar of success.
Immigration
We understand that immigration can be overwhelming and costly, especially for international entrepreneurs, students, and asylum seekers. Our mission is to make immigration processes seamless, affordable, and successful.
Disclaimer
This website is intended to provide an introduction to UK property and housing law for those who wish to understand this area in a practical context. I hope that it will be of use to visitors who wish to update their knowledge.