Introduction and Key Elements of Freehold Property Transactions

Introduction

This chapter introduces the **key elements and structure of freehold property transactions** in residential conveyancing. It explains how a solicitor **investigates title** to both **registered** and **unregistered** freehold land — analysing **Land Registry official copy entries** (the property, proprietorship and charges registers) and, for unregistered land, an **epitome of title** founded on a **good root of title**. It then covers the **pre-contract searches and enquiries** the buyer's solicitor must make, the role of the **Law Society Conveyancing Protocol**, and the **professional conduct considerations** under the **SRA Standards and Regulations** that govern who a solicitor may act for in a property transaction.

Assessment focus

For SQE1 you must be able to **apply** the rules on investigation of title, searches and professional conduct to **realistic client scenarios**. Key examinable points include: the requirement for a **good root of title at least 15 years old** in unregistered land; the content of the **three Land Registry registers**; the function of the principal **pre-contract searches** (Local Authority Search LLC1 & CON29, Environmental, Water and Drainage CON29DW, Chancel Repair, Index Map, Land Charges K15); the **caveat emptor** principle; the **Law Society Conveyancing Protocol**; and the **conflict of interest** rules under **paragraph 6 of the SRA Codes of Conduct** (acting for seller and buyer, borrower and lender, joint borrowers — including the **Royal Bank of Scotland v Etridge (No 2)** guidelines), **contract races** and **undertakings**. Questions are single best answer (SBAQ); this is a closed-book assessment.

Study tips

1) Memorise that a **good root of title** must be **at least 15 years old**, give an **adequate description** of the property, be **unconditional**, in **proper form** and show an **unbroken chain of ownership**. 2) Learn the **three registers** — **property** (description, estate, benefiting easements/covenants), **proprietorship** (class of title, proprietor, price, restrictions), **charges** (burdens: covenants, easements, mortgages). 3) Remember **official copies more than 12 months old** should not be accepted, because Land Registry will not perform the pre-completion search on them. 4) Know the **caveat emptor** principle: the buyer's solicitor must make the searches; the seller need only disclose **latent defects in title**, not physical defects. 5) For conduct, master **para 6.2** (substantially common interest / competing for the same objective) and why neither exception lets one solicitor act for **both buyer and seller** for value, and the **Etridge** guidelines for joint borrowers.