Russell Hewitson
Russell Hewitson is a solicitor and associate professor of law at Northumbria University. He is Law Society Council member for commercial property and a member of the Law Society’s Conveyancing and Land Law Committee. Russell is the Consultant Editor of Halsbury’s Laws of England Volume 23 - Conveyancing. He is general editor of Precedents for the Conveyancer, Practical Lease Precedents, and Practical Conveyancing Precedents, consultant editor of the Law Society’s Conveyancing Handbook and has written a number of other books including Conveyancing Searches and Enquiries, Licensing Law Handbook, Residential Conveyancing Practice and Business Tenancies. He is also the Practice and Precedents Editor of The Conveyancer and Property Lawyer.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1988
Experience
- Ward Hadaway (1988 - 1992)
Membership
- Law Society
- Association for Law, Property and Society
- Fellow of the Cambridge University Centre for Property Law
- Member, International Academic Association on Planning, Law, and Property Rights
Qualification
- LLB (Hons) (1985)
Education
- Newcastle Polytechnic (1981-1986)
24 Contributions by Russell Hewitson
PRECEDENTS
Residential Property Purchase: Step-by-Step Conveyancing Guide from Offer to Registration (England and Wales)
This Guide provides an overview of the steps involved in buying a home.
It is designed to give you a straightforward outline of the conveyancing process, spanning the period from acceptance of an offer through to completion of your purchase.
1 Mortgage decision in principle
Before you start viewing, you may secure a mortgage decision in principle indicating the sum you could borrow. With this in place, you can submit an offer on a property. This gives a useful estimate of affordability at this stage.
2 Property offer accepted
Once the seller agrees to your offer, the property is removed from the market for sale at that time.
3 Mortgage offer
You then receive a formal mortgage offer, commonly arranged through a broker in due course.
4 Solicitors instructed
At this stage, you must appoint a conveyancer (and the seller will do the same). Solicitors, licensed conveyancers, chartered legal executives and CILEx conveyancing practitioners are authorised to undertake conveyancing. Typically—though not invariably—your conveyancer will also act for the lender (ie the building society or bank providing your mortgage) in this transaction, and will apply to HM Land Registry for the mortgage to be registered in favour of the lender...
Property
PRECEDENTS
Seller-side residential conveyancing: practitioner’s step-by-step guide from offer acceptance to exchange, completion, registration and CGT (England and Wales)
This Guide provides an overview of the steps involved in selling your home
It sets out a simple summary of the conveyancing journey, starting from an agreed offer through to completion of the sale.
Property offer accepted
Once you agree the buyer’s price for your home, the listing is withdrawn and marketing stops.
Solicitors instructed
Next, appoint a conveyancer (the buyer will do likewise). Solicitors, licensed conveyancers, chartered legal executives and CILEx conveyancing practitioners are all authorised to handle conveyancing work.
Client care process
After instruction, each conveyancer issues an engagement letter to their client—effectively the contract to act—setting out fees, terms and conditions, identification checks, and any forms to be completed and returned.
Survey commissioned
The buyer arranges a survey of the property to determine whether any defects or issues are present...
Property
CHECKLISTS
Buyer’s Solicitor Checklist: Acquiring a Registered Freehold Residential Property (England and Wales)—Vacant or Subject to Leases; Due Diligence, Mortgages, Exchange, Completion and Post-Completion
This checklist is intended for situations where you act for the buyer on the purchase of a registered freehold residential property, whether with vacant possession or subject to one or more leases. It is not comprehensive and will not anticipate every eventuality in every matter or transaction. You should always carefully consider if any other points need to be addressed. It includes the following principal sections:
Preliminary matters
Does the buyer need a mortgage to acquire the property?
Before exchange of contracts
Are you ready to exchange?
Exchange of contracts
Post exchange steps
Between exchange and completion
Are you ready to complete?
Completion
Post completion
Preliminary matters
Have you obtained instructions from the buyer? Thorough due diligence and smooth management of the deal demand a clear grasp of the buyer’s priorities and the proposed purchase terms from the outset. Take complete instructions and resolve any aspects that are ambiguous or out of the ordinary at an early stage. Assess whether further specialist input is required; for instance, planning advice if the acquisition is to be conditional on obtaining planning permission...
Property
CHECKLISTS
Seller’s solicitor checklist for selling a registered freehold residential property—vacant possession or subject to tenancies (England and Wales): from initial instructions to post-completion
Use this checklist when representing the seller in the disposal of a registered freehold residential property, whether offered with vacant possession or burdened by a lease or multiple leases. It is not comprehensive and will not address every eventuality in every transaction. You should always consider if there are additional matters that require attention. It does not purport to be a complete guide for every case.
Preliminary matters
Have you taken instructions from the client?
Robust due diligence and effective transaction management depend on a clear grasp of the seller’s objectives and the proposed sale terms. Obtain full instructions, and clarify any elements of your brief that are unclear or out of the ordinary. Consider whether further specialist input is required; for example, planning advice where completion is conditional upon planning permission being secured. The table below sets out some of the principal points on which instructions should be obtained at the outset. This list is not comprehensive, and you may need to request information about additional issues at this stage...
Property
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