Extent of services to be provided
If you are carrying out a conveyance, you should take appropriate instructions from the client with regard to their awareness of his/her interest in the property and matters pertaining to the title thereof and you should carry out appropriate searches and provide appropriate advice at an early stage.
Advise the client in the following terms in each particular case:
- of the extent of the conveyancing service which can be provided. Point out clearly in layman’s terms and, if appropriate, in writing that any transfer of an interest in property either to or from the client arising from the resolution of the dispute shall be limited to the transfer of the interest in such property as it stands at that date;
- explain to the client that it is open to them to arrange for any rectification of the title, as may be appropriate, at his or her own expense independently of the Board at any time after the grant of legal services to the client;
- subject to the requirement to seek adequate disclosure/discovery in the context of any litigation make clear to the client that we will not, in general, provide legal services that will involve investigation of title or removal of burdens, apart from the removal of burdens from a folio in the Land Registry involving, for example, the discharge of a mortgage. We may however do so where certification of title is required on foot of a compulsory first registration in the Land Registry;
- We will not:
- provide legal services relating to the purchase of property;
- act for a party in a conveyance of property to third parties; and
- engage in transactions involving third parties such as securing new mortgages or other refinancing arrangements for clients, as this generally involves the certification of title save that the Board may provide appropriate conveyancing services for the refinancing of the transfer of a house to a spouse, including the investigation and certification of title, where not to do so would cause hardship.
While this approach is adopted so as to provide a uniform and standard set of criteria to be taken into account in reaching a decision, we will exercise its discretion in each and every case by reference to the particular facts of the case.