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单词 conveyancing
释义

conveyancing
n. The procedures involved in validly creating, extinguishing, and transferring ownership of interests in land. Only a practising solicitor or licensed conveyancer may charge a fee for undertaking the most essential parts of such transactions. Under the Law of Property (Miscellaneous Provisions) Act 1989 contracts for the sale or disposition of land must be made in writing. Apart from preparing the deeds or other documents by which the transaction is effected, certain investigative steps are usually required. The sale and purchase of a residential house in England or Wales will generally involve the following:

1. Preparation of a contract by the vendor’s solicitor defining the terms of the transaction, describing the property concerned, and disclosing land charges and other interests in it that will affect the purchaser.
2. The vendor usually supplies a Seller’s Property Information Form giving details of such potential problems as disputes over boundaries, the construction or treatment of buildings, compliance with planning authorities’ requirements, and liability for maintenance of shared facilities. Otherwise, these matters are dealt with in written inquiries from the purchaser’s solicitor seeking assurances from the vendor.
3. Official search by the purchaser’s solicitor in the Local Land Charges Register to ensure there are no undisclosed charges that could bind the purchaser. The local authority is also asked to disclose other information, such as proposals for building new roads near the property.
4. If the purchaser is raising a mortgage towards the price, his solicitor will ensure that the funds will be available at the appropriate time.
5. The purchaser’s solicitor may then negotiate alterations to the draft contract with the vendor’s solicitor, in order to ensure its compliance with the purchaser’s requirements and to cover points arising from the earlier inquiries and search.
6. When there is a chain of sales and purchases dependent on one another, the solicitors for the parties involved liaise with one another through all steps of the transactions, particularly in arranging a date for completion.
7. The parties become legally committed to buy and sell respectively upon exchange of contracts. It is then usual for the purchaser to pay a percentage of the price to the vendor’s solicitor as a deposit.
8. The vendor’s solicitor prepares and delivers an epitome or abstract of title to the purchaser’s solicitor, who studies it to ensure that the vendor’s title is proved in accordance with the contract. As final checks on the vendor’s title, he conducts an official search in the Land Registry or the Land Charges Department as appropriate, and raises requisitions on title requiring the vendor to clear any defects or adverse interests revealed by the abstract or search.
9. The purchaser’s solicitor prepares the deed (usually a conveyance, transfer, or assignment) by which the property is to be transferred to his client, and has its terms approved by the vendor’s solicitor. He also ensures that the purchaser’s mortgage deed (if any) is in order.
10. In preparation for completion, the purchaser’s solicitor arranges with the necessary parties for the funds to be available on the completion date and ensures that the necessary deeds will be executed by that date.
11. On completion, the purchaser’s solicitor checks the vendor’s original title deeds against the epitome (or abstract) of title, and takes possession of them together with the deed of transfer. He hands over the price, and the transaction is then legally completed.
12. After completion, the transfer deed is produced to HM Revenue and Customs, and any stamp duty land tax paid by the purchaser’s solicitor on his client’s behalf. He also gives formal notice of the transaction when appropriate; for example, when a leasehold interest is purchased, the lessor must usually be notified. As the land will need to be registered on completion, the purchaser’s solicitor lodges the relevant deeds with the Land Registry. See also electronic conveyancing; Law Society Conveyancing Protocol.
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更新时间:2025/5/26 5:28:35