Before you start
Before you start you must decide which party will create the dealing. This will usually be the Primary Contact acting for the transferee.
When creating a dealing Landonline allocates a dealing number which is used to identify the dealing throughout the conveyancing process. The order in which instruments display on the Instrument & Roles page determines the order in which they are registered.
You are responsible for ensuring correct details are included in a dealing. If any information is not correct the risk and responsibility lies with you to correct it.
Setting up a dealing instrument with multiple parties
You need to make sure the dealing is set up correctly on the Instrument & Roles page for instruments that have:
- multiple titles
- different ownership
- different solicitors acting for the different parties.
Example: Easement instrument
An example is where there are 2 titles in an easement instrument and the owners of those titles are granting reciprocal easements. The owners will be both grantor and grantee.
When setting up the dealing you need to create 2 roles for both the grantor and grantee roles.
Conveyancing Professionals (CPs) completing certfications will need to:
- select their client's names
- complete the certifications as both grantor and grantee
- make sure an A&I is completed by the clients that authorise the CP to act as both grantor and grantee.
Cross lease transactions
When creating an instrument that affects cross leases, such as a Variation of Lease, you need to make sure:
- all titles for the shares in the fee simple are included in the Instrument & Roles page for the instrument
- multiple Conveyancing Professionals (CPs) are set up in the role section of the Instrument & Roles page if different CPs are acting for the different parties.
Example: Composite titles
There are 2 composite titles:
- Title 1 for a 1/2 share in the fee simple and the lease of Flat 1.
- Title 2 for a 1/2 share in the fee simple and the lease of Flat 2.
A Variation of Lease was created affecting the lease for Flat 1. Therefore the owners of the fee simple estates, Title 1 and Title 2, would both need to be recorded as lessors.
When setting up the dealing, if there are different CPs you'll need to create multiple roles for the lessor in the Roles section.
The lessee would remain as 1 role unless there are multiple owners of Flat 1 and they have different CPs.
To complete certifications CPs will need to:
- select their client's names
- complete the lessor certifications.
The CP acting for the owners of Flat 1 will need to:
- complete the lessee certifications
- make sure the A&I form is completed by those clients that authorise the CP to act as both lessor and lessee.