Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

PLP > 1. Title Investigation > Flashcards

1. Title Investigation Flashcards

(86 cards)

Start Studying
1
Q

What does court consider before it forces sale between xo-owners

A

Factors under s.15, e.g. original purpose of the trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the presumption for Ps holding property for partnership - how do they hold

A

TiC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Two ways to find actual occupation

A

CPSE + physical inspection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What two SRA CoC does reporting to buyer fulfil

A

O(4.2) and O(1.12)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

If rights are annexed to the register, what will S need to do

A

Get a copy from S/LR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Advising on adequacy for easement why

A

To ensure adequate for Bs purposes, e.g. restricted to on foot?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Why is the Upper Tribunal a last resort for remedying past breach of RC

A

Costly and time-consuming and not guaranteed the result you want

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Three options if past breach of RC w/o consent

A

Insurance, PWB consent, or Upper Tribunal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How does a right of light come into existence

A

Deed or prescription

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the title docs

A

OC + title plan + copies of docs not extracted on C

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Options for future breach of RC

A

All three, but insurance likely to be prohibitively expense bc unquantifiable risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What to do if no past history of maintenance to RoW

A

Ask PWB for how much

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Evidence for LR if sale by JT w/o all original JTs

A

Certified copy of death certificate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Why is it an issue if easement to be adopted

A

Costly to put into adoptable standard

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How can court force sale

A

Under s.14 TOLATA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What kind of sewers are statutory responsibility

A

Serving more than 1 property + lateral drains

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If RoW not registered on servant land, what should happen

A

Make it a condition of sale

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does the Property Reg sho

A

Extent of property + rights benefitting the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How do you check if easement registered

A

SIM to see if reg, then OC, or caution against 1st reg

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

O(1.12) on

A

Helping client to make informed decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How does Property Reg show extent of property

A

By ref to title plan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What ensures positive covenants do effectively run w/ the land and why

A

SCPC 7.6.5 indemnity covenant if S gave one

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What must person in actual occupation do

A

Sign Declaration of waiver + agree to vacate, w/ independent legal advice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When can individual bring action in nuisance if easement in their favour

A

If right substantially interfered w/

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
When must a right of light be expressly excluded
Sale of part
26
O(4.2) on
Disclosure
27
How must C be signed + PD executed if TiC
All alive must sign + execute
28
What should S advise on if Property Reg shows easement
Maintenance, Adequacy, Adoption and Reg
29
When does a restrictive covenant run with the land
If Tulk v Moxhay complied w/ + registered
30
Disclosure SRA
O(4.2)
31
Two things contained in Proprietorship Reg
Class of title and how parties hold the title (if two or more owners)
32
Regulation issue for insurance on past breach of RC
General prohibition under s.19 triggered if advising on merits of insurance policy
33
What happens if loss caused by mistake in LR
LA will indemnify
34
What can parties agree if one coowner wishes to leave property, and other wishes to remain
Transfer of equity
35
Under what statute can the Upper Tribunal (Lands Chamber) discharge or modify restrictive covenants
s.84 LPA '25
36
How do you search for if easement to be adopted
CON29
37
Ratio of Tulk v Moxhay
RCs must 'touch and concern' the land
38
Options for remedying positive covenants
S to remedy, or insurance/PWB consent
39
Why advise on maintenance for easement
B will have to contribute under CL
40
How can an inadequate easement be amended
By Deed of Variation
41
Four ways to ascertain past breach of RC
LLC1, CON29, OC and CPSE
42
How will court order proceeds to be split when forced sale under s.14 TOLATA
Equal if JT, or in accordance w/ deed of trust if TiC
43
Why is title investigation carried out before exchange
to check for defects
44
When does a legal easement unregistered NOT bind B
If by deed, bc should be registered in CR
45
What evidence does LR require if sale by TiC w/o all TiCs
Certified copy of death certificate, and DoA of 2T if relevant
46
How is a personal rep appointed
In will
47
If there is a mortgage over the property + proposed transfer of equity, what must happen
Mortgagee would have to consent
48
What can PWB do for breach of RC
Apply for injunction, or get damages in lieu
49
If sale by personal rep, what will B + LR check
Official copy of GoR ONLY
50
What kind of covenant does not run w/ the land
Positive
51
What additional interests not registered on charges register bind B
Overriding interests
52
Two other examples of rights that may be under PropReg
Right to lay pipes + right of light
53
What is registered on Charges Reg
Interests reg
54
What is the most common right under Property Reg
Easements
55
Which option for remedying past breach of RC is ALWAYS after insurance
PWB consent, bc invalidated insurance policy
56
Two possible remedies from action in nuisance
Injunction or damages
57
What happens if only one TiC left + sale
Must appoint 2T by Deed of Appointment
58
When does an equitable easement bind B
If created before Oct 2003 + openly enjoyed
59
Where are the overriding interests for registered land
Schedule 3 LRA 2002
60
How does personal rep get power to sell deceased's assets
Grant of Representation
61
How does a mortgagee protect its interest in the property as security
Register charge in charges register + restriction in Proprietorship Register
62
When would you go to Upper Tribunal for past breach of RC
PWB absent or unreasonable
63
Helping client to make informed decision SRA
O(1.12)
64
What happens if parties held as JT and only one left
Survivorship means individual can sell
65
Why is 2T needed if TiC and only one left
To overreach deceased's interest
66
When is consent needed from a mortgagee for sale
if sale of part
67
What can happen if qualified title but docs found
Can upgrade to TA
68
Part of what statute on class of title
s.9 - 10 LRA
69
When is injunction for PWB for breach of RC unlikely
If they waited
70
If past breach of RC found, what is S asked
If consent obtained (w/ copy)
71
Four kinds of class of title
TA, qualified, possessory and good leasehold
72
When is a restriction entered into proprietorship reg, if two or more owners
If they hold as TiC
73
What option is not available for remedying positive covenants
Upper Tribunal
74
How do you check maintenance for easement
Ask for usually 3 year history, but can be ad hoc
75
When will damages in lieu of injunction be likely
Infringement small + quantifiable
76
Lease of what duration overrides and binds B
Not more than 7 years
77
When might individual only have qualified title
Docs missing
78
Statute + section on overriding interests
Schedule 3 LRA 2002
79
For examples of unregistered overriding interests
Legal easements, equitable easements, leases for not more than 7 years and actual occupation
80
Sale by who can overreach all beneficial interests as sole proprietor
Personal representative
81
Who is pressured to pay premium for RC insurance
S
82
What is a last resort if xo-owners cannot agree on e.g. transfer of equity
Court can force sale
83
Question structure for title investigation
**_What_** is the issue? **_Why_** is it an issue? **_How_** can it be resolved?
84
Where are the classes of title LR can give
S.9 LRA 2002
85
Under what part of what statute can the LR upgrade class of title
62 LRA 2002
86
What do you show to LR if PR carried out sale
Grant of Representation only

PLP (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions