This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
The buyer's solicitor or counsel prepares a draft conveyance, in which he must take care to provide for an effectual conveyance to the
(t) If she was married before 1st January, 1883,""and acquired the property before that date, the conveyance by her alone without her husband would not be sufficient, and she should have been separately examined. See p. 122.
buyer of the whole estate in fee simple free from all incumbrances.
The conveyance in this case will be very simple, as the title is simple.
Form of Conveyance
THIS INDENTURE made the 21st day of September 1907
Between Berkeley Burt of Richmond in the County of Surrey coal merchant of the one part and Arthur Andrews of 105 Lothbury in the City of London Esquire of the other part
Whereas the said B. Burt is seised in fee simple of the hereditaments hereinafter described
And whereas the said B. Burt has agreed with the said A. Andrews to sell to him the said hereditaments for the price of £7500
Now this Indenture Witnesseth that in consideration of the sum of £7500 now paid by the said A. Andrews to the said B. Burt (the receipt whereof is hereby acknowledged) the said B. Burt as beneficial owner (x) hereby grants unto the said A. Andrews
All That messuage (y) and hereditament situate in parish of X in the County of Surrey and known as Park-lands containing by admeasurement 97 a. 3 r. 29 p. or thereabouts
(u) The words in this column will not appear in the deed, hut are the names given to the various parts of the deed. (x) For the effect of these words see p. 285. (y) Means "house."
To Hold the same unto and to the use of the said Arthur Andrews in fee simple
(Words of limitation.)
In Witness whereof the said parties hereto have hereunto set their hands and seals the day and year first above written
Signed sealed and delivered by the said B. Burt in the presence of John Smith clerk to Messrs. P. & S. Solicitors
(Similar witness' signature) A. Andrews, (yy) (Seal.)
The purchase money (or the balance after payment of the deposit) is paid over to the seller or his solicitor immediately on the execution of the deed, and the receipt clause in the deed is sufficient evidence that the money has been paid (z).
The title deeds are then handed over to the buyer to be kept by him, except where the seller is entitled to retain them (see p. 266). In the latter case the conveyance would contain the acknowledgment and undertaking described on p. 266.
(yy) Except in special cases the purchaser does not execute the deed, although the attestation clause is always framed on the footing that lie is going to do so.
(z) Conveyancing Act, 1881, s. 54.