Conveyancing & Property Law Case

This area of law is generally associated with the transfer of title in property between parties, or an encumbrance, such as a mortgage or a lien, being granted and typically involves the exchange of contracts and completion so the process can be effectively broken down into three stages – (a) before contract; (b) before completion; and (c) after completion.

Such a system is considered to be integral to its successful function so that the buyer is then guaranteed good title along with all the rights that run with it and that also, prior to purchase, they are effectively notified of any restrictions that is then also further supported by a system of land registration to encourage reliance on public records as purchasers seek to take good title.

But this area also requires the study and recognition of third party interests such as easements and covenants now largely considered within the remit of the Land Registration Act 2002, along with issues of planning that serves to restrict what someone can do with their property under the Town and County Planning Act 1990.

Example case for Conveyancing & Property Law

Carter v. Cole [2006] EWCA Civ 398

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