Conveyancing Glossary
- Incumbrance
- A term used often in conveyancing transactions an incumbrance is most often a legal charge mortgage or secured loan on a property but can also include a registered or unregistered land charge a planning charge or condition or a restrictive covenant. Conveyancing solicitors acting for purchasing conveyancing clients will check for incumbrances affecting a property by raising conveyancing enquiries with the seller’s conveyancing solicitors and obtaining copy deeds and checking the results of conveyancing searches as part of their conveyancing duties. Purchasing conveyancing clients will be informed by their conveyancing solicitors of any incumbrances affecting the property with conveyancing reports sent as part of the conveyancing process by their conveyancing solicitors.
- Index Map Search
- An Index Map Search is carried out in conveyancing transactions via the land registry and will reveal to the conveyancing solicitors if the property is registered or not and note the title number if registered at the Land Registry. An Index Map Search may be carried out by the seller’s conveyancing solicitors or the purchaser’s conveyancing solicitors depending on the particular details of a conveyancing transaction. An Index Map Search will always be carried out when conveyancing solicitors deal with unregistered conveyancing matters. It will also reveal any barriers to first registration including a caution against first registration of a property. If a plan is provided an Index Map Search may reveal the extent of a plot of unregistered land.
- Intestate
- Intestate is the term used to describe a deceased person who has not made a Will prior to their death. A person is said to have died intestate.
- Investigation of Title
- The process which a purchaser’s conveyancing solicitors will undertake during the course of the conveyancing to ensure the title to the property is clear. Conveyancing solicitors carry out investigation of title for all conveyancing purchase transactions on behalf of purchasing conveyancing clients. It consists of conveyancing solicitors interpreting search results obtaining full details of all rights restrictions and covenants affecting the property and raising enquiries with the seller’s conveyancing solicitors.
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