1: Investigation of Title (Pages 1–4)

Question 1

What is the purpose of investigating title?

Answer 1

Confirm seller owns the property and can sell it

Identify any adverse interests (e.g. covenants, mortgages)

Ensure good and marketable title

Question 2

What is included in the official copy of the register?

Answer 2

Property Register
Proprietorship Register
Charges Register
Title Plan

Question 3

What does the Property Register contain?

Answer 3

Description of the property

Rights benefitting the land (e.g. right of way)

Question 4

What does the Proprietorship Register contain?

Answer 4

Owner’s name and address

Class of title

Restrictions (e.g. Form A restriction)

Question 5

What does the Charges Register contain?

Answer 5

Mortgages

Restrictive covenants

Easements for third parties

Question 6

What is the purpose of the title plan?

Answer 6

Shows extent of land ownership

Indicates boundaries and rights of way

Question 7

What is overreaching?

Answer 7

Transfers beneficial interests to purchase money

Requires capital paid to at least two trustees

Question 8

What is a Form A restriction?

Answer 8

Notifies that land is held on trust

Ensures overreaching of equitable interests

Question 9

What are the three main classes of title?

Answer 9

Absolute (best)

Possessory (due to adverse possession)

Qualified (defect in title)