Legal systems regulate property ownership to ensure clarity, security and enforceability of rights. In England and Ukraine, property transfer follows distinct legal traditions shaped by common and civil law principles. Understanding these differences is essential for lawyers working across jurisdictions. As a legal professional with over fifteen years of experience in Ukraine and currently preparing for the Solicitors Qualifying Examination (SQE 1), I focus on the differences in conveyancing and land registration that are central to SQE preparation in the UK.
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This article is written by an aspiring solicitor and Ukrainian advocate to support other SQE1 candidates with a Ukrainian legal background in preparing for the SQE exam.
If you are preparing for SQE1, please note that we have a dedicated Ukrainian SQE1 Study Group, which you can join after registering on the SUPERexam platform: UA SQE1 Study Group.
The author is committed to providing further comparative analysis between English law and Ukrainian legislation across key SQE1 practice areas. This approach helps deepen understanding by distinguishing familiar concepts from those in the law of England and Wales. It is especially important not to confuse your existing knowledge of your home jurisdiction with the legal rules and principles assessed in the SQE.
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Also note that the Academy of Smart Lawyers offers a special discount for Ukrainian SQE1 candidates. Learn more about SQE1 preparation for Ukraine.
Conceptual Distinctions: Land and Property
Ukrainian law treats real estate as a single legal object, encompassing land, buildings and structures. The legal focus is placed on physical possession and registration of ownership. Terminology does not separate legal rights from the asset itself.
In contrast, English law introduces a more refined structure. The term “land” includes the surface, airspace, subsoil, fixtures and attached rights as defined by the Law of Property Act 1925. The broader term “property” refers to legal interests in assets, including both real and personal property. This distinction is a fundamental element of SQE 1 property law and a core part of UK legal training for international lawyers.
Process of Property Transfer: SQE context
The process in both systems involves three main stages: preparation, signing and registration. However, their mechanisms differ significantly.
| Stage | England (Conveyancing) | Ukraine (Notarial Process) |
| Preparation | Solicitors are appointed. The seller’s solicitor prepares the contract. The buyer’s solicitor investigates title, orders searches and raises enquiries. | A notary verifies the identity, legal capacity and ownership through the State Register. Required documents include title certificates and personal ID. |
| Signing | After successful completion of due diligence, including replies to enquiries, searches, and other checks, the exchange of contracts takes place. At this stage, the buyer pays a deposit, and the parties agree on a completion date. There are several methods by which contracts may be exchanged. The seller’s solicitor will hold the deposit, either as agent for the seller or as a stakeholder, depending on the terms agreed. | In Ukrainian property transactions, the notary plays a central role. The notary reads the agreement aloud, supervises the signing process, and ensures that payment is received. Ownership transfers instantly upon execution. Unlike the English conveyancing process, Ukrainian law does not distinguish between exchange and completion – these occur simultaneously.The role of lawyers in Ukrainian conveyancing is very limited and often not required at all. Where involved, legal professionals typically provide only general assistance, such as reviewing the contract drafted by the notary. They do not hold deposits at any stage, even if instructed. |
| Registration | In England and Wales, the solicitor submits the necessary documents to HM Land Registry following completion, at which point the legal title is formally transferred. Certain searches and checks – such as the bankruptcy search and the Land Registry priority search – must be repeated shortly before exchange to ensure no adverse changes have occurred since the initial due diligence. | In Ukraine, the notary registers the new title on the same day, making the transfer of ownership legally effective immediately. The entire process is conducted by the notary, who is responsible for making the appropriate entries in the land register. |
This structure is a typical case study when students prepare for SQE and work through past legal scenarios in property transactions.
The Key Difference: Legal Representation
In England, conveyancing follows a solicitor-led model, with each party represented by their own legal adviser. Solicitors are responsible for conducting due diligence, including title searches, identifying encumbrances, and verifying property interests. This adversarial system ensures that each client’s individual interests are independently protected.
By contrast, Ukraine employs a centralised, notary-led model. The notary acts as a neutral public official on behalf of the state, performing legal checks, drafting the contract, and registering the property transfer. This approach streamlines the process and significantly limits the role of private legal representation.
The distinction between these models of representation is frequently emphasised in UK law training programmes tailored for international candidates.
Registered and Unregistered Land in England
One key topic in SQE 1 property law is the distinction between registered and unregistered land. Registered land is recorded in HM Land Registry, providing guaranteed title, transparency and legal certainty. Unregistered land relies on historic title deeds and carries higher risk, often requiring additional evidence of ownership and indemnity insurance.
Since the Land Registration Act 2002, most transactions involving unregistered land must be registered. Understanding the implications of registration status is important for those who prepare for SQE and engage with UK conveyancing law.
Mandatory Registration in Ukraine
Ukrainian law mandates state registration for all real estate transactions. Without entry in the State Register, no legal change in ownership can occur. Notaries verify ownership, register the transfer and issue confirmation on the same day. There is no equivalent to unregistered land, and no legal action may be taken involving property that is not properly recorded.
This uniformity of registration contrasts with the layered title system in England. Learning to navigate this distinction is relevant for lawyers in transition who seek to convert their qualifications or enhance their legal skills through SQE preparation and comparative legal study.
Practical and Legal Differences
| Aspect | England | Ukraine |
| Legal Representation | Buyer and seller represented by different solicitors | A single neutral notary oversees the entire transaction. The lawyers are usually not involved at all |
| Terminology | Legal difference between land and property | Real estate treated as a unified object |
| Registration System | Dual model: registered and unregistered land, with mandatory registration requirement on transfers | Centralised mandatory registration only, though not all the properties are on the central registry yet |
| Due Diligence | Solicitors conduct detailed searches | Notary verifies records through State Register |
| Legal Effect | Title passes after registration at HM Land Registry | Title passes upon signing and immediate registration |
Conclusion
Both systems aim to protect ownership rights, but they apply distinct legal structures. England relies on solicitor-managed procedures with layered interests and formal registration. Ukraine applies a streamlined notarial process with immediate legal effect. These differences reflect the broader legal philosophy of each jurisdiction.
For candidates preparing for the Solicitors Qualifying Examination and transitioning from civil law systems, mastering these differences supports exam success and practical integration into English legal practice. Comparative analysis is an essential part of effective SQE 1 preparation, particularly within the domain of land law, conveyancing and legal foundations in the UK.
