Priscilla Sarton LL.M's research while affiliated with Ventura College Of Law and other places

Publications (19)

Chapter
This chapter takes you through a transaction again, but this time from a purchaser’s point of view. Imagine that you are acting for Susan Holt in her purchase of a house. She has applied for a mortgage loan from a building society, and you find that the society is prepared to instruct you to act for it in the creation of the mortgage. You have, the...
Chapter
The form of a land registry transfer is prescribed by the Land Registration Rules 1925. A completed land registry form 19 (transfer of title) would look like this: Open image in new window
Chapter
When called upon to draft a conveyance, your first instinct might be to turn immediately to a precedent book. You must remember that a precedent is your servant, not your master. You must know what sort of clauses your conveyance needs before you turn to the precedent for an appropriate form of words. You should not rely on the precedent to alert y...
Chapter
This chapter introduces you to the stages of a conveyancing transaction from the point of view of the seller’s solicitor. It does not attempt to set out everything that needs to be done, but does detail the major steps and serves to put the other chapters into context.
Chapter
As we have seen, the seller promises in the contract that he has a good title to the freehold estate, free from incumbrances (other than those, if standard condition 3 applies, mentioned in the contract or of which the seller was ignorant). At some stage the seller must prove that he does indeed have that title. He must ‘deduce’ his title, i.e. giv...
Chapter
When investigating an unregistered title, we are looking for a flaw in the soundness of the seller’s claim to own the legal estate, and for any third-party right that will bind the purchaser after completion but to which the sale has not been made subject by the contract. This is easier said than done.
Chapter
The procedure for buying or selling a leasehold house differs little from the procedure for buying a freehold house. This chapter, therefore, serves only to point out those parts of a conveyancing transaction which are peculiar to leaseholds, and which have not yet been mentioned. [Note that this chapter is dealing with the purchase of an existing...
Chapter
The grant of a lease is often not preceded by a contract that it will be granted. There is then no legal tie between the parties until the leasehold term itself comes into existence. The lease is usually prepared in duplicate, one part being executed by the landlord (the lease), the other part being executed by the tenant (the counterpart lease). T...
Chapter
In domestic conveyancing, the seller and purchaser are likely to be part of a chain. X’s purchase depends on his sale as it is the proceeds from the sale of his present house that will be helping to finance the purchase of his new house. The chain presents problems to the conveyancer.
Chapter
In the case of an unregistered title, a seller deduces his title by providing evidence of what his title deeds say. At one time, he would have sent the purchaser an abstract of the deeds. This amounted to a précis of their contents, prepared in a stylised form. Nowadays, the simplest method of letting a purchaser know the contents of deeds is by se...
Chapter
These two incumbrances have been mentioned in nearly all the previous chapters. This chapter discusses them in greater detail.
Chapter
Suppose that Albert is the sole owner of the legal estate in Blackacre, and he owns it for his own benefit — i.e. not as trustee for someone else. When Albert dies, Blackacre will be owned by his personal representative. His personal representative may be his executor, i.e. the person appointed by Albert in his will to manage his affairs. If Albert...
Chapter
Conveyancing is bedevilled by the fact that the title to a legal estate may be either unregistered, or registered under the Land Registration Act 1925.
Chapter
The principle is that on completion of the sale, the contract ceases to exist. It is said to ‘merge into the conveyance’. It has been discharged through its performance.
Chapter
Suppose you are buying an unregistered title. You are buying it from Abel and Bertha. You read a copy of the conveyance to them. A clause in it says ‘the purchasers declare that they hold the property hereby conveyed on trust to sell the same (with power to postpone sale), and to hold the net proceeds of sale, (and pending sale, the income of the l...
Chapter
This chapter serves as a reminder of the principles which decide whether or not a purchaser of unregistered land takes subject to a third party interest.
Chapter
Either seller or purchaser may fail to meet his obligations under the contract. The seller may fail to show the good title he has promised; may be found to have wrongly described the land in the contract; may not be ready to complete on the agreed date. The purchaser may fail to find the money in time for completion.
Chapter
You now know that a seller has a duty either implied or expressed in the contract to disclose certain defects in his title to the purchaser. Much information which might affect the value or the enjoyment of the property, and make it unattractive to the purchaser is not within this duty of disclosure. He should seek out this information before contr...
Chapter
In order to draft the contract, the seller’s solicitor must have a thorough knowledge of his client’s title, information about the property (almost invariably culled from the client rather than by looking at the property) and must know anything that has been agreed between his client and the purchaser, for example the fact that the sale includes cu...