Which sequence best describes how to deal with a unilateral notice?

• A. Check what UN relates to; Contact beneficiary of UN/his lawyer; Remove before exchange or undertake to remove before completion; Beneficiary can apply to cancel at anytime; Special condition may be added requiring notice to be removed on completion
• B. Remove before exchange; Check what UN relates to; Contact beneficiary
• C. Contact beneficiary; Remove before completion; Check what UN relates to
• D. Beneficiary can apply to cancel at any time; No action required

Answer: (A)

When handling a unilateral notice, the essential steps are to identify precisely what the notice relates to, contact the beneficiary (or their lawyer) to confirm the interest and any possibility of release, and then secure removal before exchange or, at the latest, ensure there is a firm undertaking to remove it on completion. A unilateral notice can be cancelled by the holder at any time, so you want to obtain a release or a clear commitment to remove, or alternatively add a special condition in the contract requiring removal on completion. This sequence best protects the buyer’s position because it focuses first on understanding the exact interest, then on practical steps to remove the encumbrance before the title is transferred, with contingency if removal cannot be achieved immediately. The other approaches either skip identifying the UN, delay contacting the beneficiary, or leave removal uncertain, which could jeopardise the ability to obtain a clean title at completion.