Contents of documents schedule in Conditions of Sale – revision of recommendation

Conveyancing 03/05/2019

In light of the move to pre-contract investigation of title, reflected in the 2019 edition of the Conditions of Sale, the Conveyancing Committee has reviewed its previous recommendations regarding the contents of the documents schedule in the Conditions of Sale.

Previously, the committee recommended that the documents listed in the documents schedule should be limited to:

  • The root of title being shown,
  • Any document to which title is stated to pass under the special conditions,
  • Any document that is specifically referred to in a special condition, and
  • Planning documentation.

Given the provisions of the 2019 edition of the Conditions of Sale, and in particular general condition 6, the restriction regarding the documents to be listed in the documents schedule, previously recommended by the committee, is no longer appropriate.

Consequently, the committee has revised its recommendation, so that the documents listed in the documents schedule should now include:

  • The root of title being shown,
  • Any documents to which title is stated to pass under the special conditions and all documents of title to be deduced therefrom,
  • Any document that is specifically referred to in the special conditions,
  • All ancillary declarations and documentation,
  • Planning documentation, and
  • Requisitions on title in this transaction with replies and documentation vouching those replies.