Issuing Contracts for Sale without complete copy title

26/09/2023 15:01:02

One of the objectives of moving to a pre – contract investigation of title system is that the purchaser’s solicitor can review the title as part of a single workflow.

The Conveyancing Committee wishes to remind practitioners to refrain from issuing land contracts where the copy title would be furnished to the purchaser’s solicitor in a piecemeal fashion including where the vendor’s solicitor awaits a particular document(s).

The committee recognises that at times it may make practical sense for copy title to travel in more than one batch. However that should only arise in rare circumstances (e.g where a roads and services letter remains awaited from a local authority). If a solicitor is required to issue a draft land contract before all the copy title is readily available any omitted document should be clearly marked ‘to follow’ in the cover letter or in the Document Schedule to the draft contract and also indicating its status (e.g. it has been requested).

Conveyancing Committee