The opening stage of a freehold transaction — verifying who the client is, how the land is owned, and what the buyer takes on under caveat emptor.
Errors made at the instruction stage tend to surface late, when a sale collapses or a co-owner's interest is overlooked, so the early checks carry real weight. This chapter begins with taking instructions: customer due diligence for individuals and companies, minors, powers of attorney and the effect of a seller's bankruptcy. It then works through how land is owned — the split between legal and beneficial title, joint tenancies and tenancies in common, severance, and the advice and Form A restriction that protect co-purchasers. It closes with caveat emptor and its narrow exceptions, the RICS survey levels, the checks needed where a buyer plans a change of use, and the seller's duties around Energy Performance Certificates.
