Learning Outcomes
After reading this article, you will be able to explain the key stages of a freehold residential property transaction under the Law Society Conveyancing Protocol, identify key forms and procedures, clarify the requirements for compulsory registration and deduction of title, and describe the practical use and exam relevance of the Protocol. You will also gain the ability to apply the Protocol’s principles to realistic SQE2 scenarios.
SQE2 Syllabus
For SQE2, you are required to understand the practical and procedural features of freehold conveyancing in England and Wales―including requirements for compliance with the Law Society Conveyancing Protocol and associated forms. The SQE2 will assess your ability to apply these principles in client-focused scenarios.
As you work through this article, focus your revision on:
- The main stages of a standard freehold property transaction following the Law Society Conveyancing Protocol.
- The role and function of the Protocol, including its relationship to lender requirements and regulatory compliance.
- The process and practicalities of deduction/investigation of title and compulsory registration.
- Standard forms and Protocol documentation (e.g. TA6, TA10, the Completion Information and Undertakings form).
- The significance of compulsory registration in freehold conveyancing practice.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the purpose of the Law Society Conveyancing Protocol in a standard residential freehold transaction?
- When is the use of Protocol forms such as TA6 and TA10 required, and by whom?
- What is meant by ‘compulsory first registration’ and what ‘triggers’ it in freehold practice?
- Name one key document used to prove title in unregistered land during deduction/investigation of title.
Introduction
The Law Society Conveyancing Protocol (“the Protocol”) is the recommended approach for solicitors undertaking standard residential freehold conveyancing in England and Wales. It prescribes best practice, standard documentation, risk controls, and lender compliance requirements for sale and purchase transactions. Familiarity with the Protocol is essential for SQE2, as it underpins most typical client instructions relating to buying or selling a home.
Key Term: Law Society Conveyancing Protocol
The Law Society’s recommended procedure for the sale and purchase of a freehold (or leasehold) residential property—providing a step-by-step framework and standard forms for solicitors.
Main Stages Under the Protocol
A standard freehold conveyancing transaction comprises several procedural stages, each with Protocol guidance and standard forms:
Taking Instructions and Initial Checks
Solicitors must first verify their client’s identity, clarify instructions, and check whether there are related purchases or sales requiring synchronization. Protocol-compliant practices will agree in writing how completion will be effected, typically using the Law Society’s Code for Completion by Post.
Client care letters and terms of business must be issued. At this stage, the solicitor checks for conflicts of interest and confirms how costs and disbursements will be handled.
Key Term: completion
The formal moment when legal title passes, the purchase money is paid, and the buyer may move in. In Protocol transactions, completion is usually conducted using the Law Society Code for Completion by Post.
Protocol Forms and Standard Documentation
The Protocol mandates use of Law Society forms to standardize information and risk controls:
- TA6 (Property Information Form): Completed by the seller, detailing boundaries, disputes, planning, guarantees, and more.
- TA10 (Fittings and Contents Form): Lists what will be left at/removed from the property.
- TA13 (Completion Information and Undertakings): Used before completion to confirm practical details and professional undertakings by the solicitor.
- Memorandum of Sale: Often provided by the estate agent but confirmed through instruction.
Key Term: TA6 (Property Information Form)
A standard form containing detailed information from the seller about the property.
Deduction and Investigation of Title
For registered land, the seller’s solicitor provides up-to-date official copies of the register, the title plan, and any relevant filed documents from HM Land Registry. For unregistered land, the Protocol requires a good root of title (usually a conveyance at least 15 years old), an epitome of title, and supporting documents.
Key Term: deduction of title
The process by which the seller’s solicitor provides documentary evidence proving their ownership and the existence (or absence) of third-party rights.Key Term: good root of title
A document (often a conveyance) at least 15 years old, showing clear, undisputed ownership of the legal and equitable interest in unregistered land.
Searches, Enquiries and Regulatory Checks
The Protocol advises the buyer’s solicitor to raise pre-contract enquiries (using TA6/TA7), conduct regulatory compliance checks, and obtain a range of searches (such as local authority, water/drainage, and environmental). Lender requirements and the UK Finance Mortgage Lenders’ Handbook must also be checked.
Drafting and Exchange of Contracts
The seller’s solicitor drafts the contract, including details of the property, price, names, ‘specified incumbrances,’ the deposit (usually 10%), and time for completion. The contract incorporates the Standard Conditions of Sale (5th edition for residential).
After mutual approval, contracts are exchanged—binding both parties.
Pre-Completion, Completion, and Post-Completion Stages
Prior to completion, the buyer’s solicitor prepares the transfer deed, coordinates any lender release of mortgage funds (ensuring compliance with lender and Protocol requirements), and issues the TA13 for undertakings. The seller’s solicitor prepares to discharge any mortgage and settle agent’s fees.
Completion is conducted as specified in the contract (usually using the Code for Completion by Post).
After completion, the Protocol instructs the buyer’s solicitor to:
- Ensure payment of Stamp Duty Land Tax (SDLT) and submission of the land transaction return.
- Apply for registration of the purchase at the Land Registry.
- Notify the lender and client of the successful registration.
Compulsory Registration
In freehold transactions, compulsory registration applies where there is any disposition of a qualifying estate (e.g. sale, gift, mortgage, or lease exceeding seven years). The Protocol requires the solicitor to check and comply with the Land Registration Act 2002 requirements.
Key Term: compulsory first registration
A legal requirement that previously unregistered land be registered at HM Land Registry on sale, mortgage, or other specified ‘trigger’ events.Key Term: Land Registry
The official government department responsible for keeping and updating records of all registered land and property titles in England and Wales.
Worked Example 1.1
Sarah is buying a registered freehold house with a mortgage. The seller’s solicitor provides the contract, TA6, TA10, and up-to-date official copies from Land Registry. As a buyer’s solicitor, what are your next steps under the Protocol before exchange?
Answer:
Raise pre-contract enquiries, order standard searches, report relevant findings to the client (and lender), check mortgage offer conditions, and ensure that all necessary evidence of title and signed forms have been provided.
Worked Example 1.2
Tom is selling unregistered freehold land he inherited. What is required under the Protocol for deduction of title?
Answer:
Tom’s solicitor must provide an epitome of title with a good root of title (typically a conveyance at least 15 years old), an unbroken chain of ownership, relevant historical mortgage documents, and supporting searches/evidence. If the sale triggers compulsory registration, Tom’s buyer will apply for first registration after completion.
Exam Warning
For SQE2, always check if the Protocol is compulsory in a scenario. For Law Society Conveyancing Quality Scheme (CQS) member firms, Protocol use is mandatory and may be specified in lender or professional conduct requirements.
Summary
The Law Society Conveyancing Protocol is the practical framework for standard residential freehold conveyancing transactions. It requires use of prescribed forms (e.g., TA6, TA10), strict procedures for client identification and conflict checks, a clear process for deduction/investigation of title, compliance with compulsory registration requirements, and application of standard client care and lender compliance protocols throughout. A thorough understanding of these processes and the function of each stage is essential for SQE2 practical scenarios.
Key Point Checklist
This article has covered the following key knowledge points:
- The Law Society Conveyancing Protocol prescribes the standard procedure for residential freehold conveyancing and is mandatory for CQS firms.
- Key protocol forms include TA6 (Property Information Form), TA10 (Fittings and Contents), and TA13 (Completion Information and Undertakings).
- Deduction/investigation of title for registered land requires official copies and plans; for unregistered land, a good root of title and an epitome of title.
- Compulsory first registration applies when land is sold, mortgaged, or transferred according to the Land Registration Act 2002.
- The Protocol emphasizes client identification, compliance checks, proper use of undertakings, and the adoption of best practices in completion and post-completion.
- A strong understanding of Protocol practice and forms is expected on the SQE2.
Key Terms and Concepts
- Law Society Conveyancing Protocol
- completion
- TA6 (Property Information Form)
- deduction of title
- good root of title
- compulsory first registration
- Land Registry