Title investigation - Registered Land Flashcards
What is obtained when deducing the title to registered land?
OC register
Title plan
Any docs referred to that were not extracted in the register
On the Property Register, what does the property description include?
Freehold/Leasehold
Description of address and reference to title plan
How are rights benefitting the property shown in the Property Register?
extracted or
bundle of rights in a filed document
What rights might there be in the property register?
Right of way
Rights to run services
Right of light
Excluded rights
What further action is taken for rights of way?
Registration of the burden
Adequacy
Maintenance - common law
Adoption
What are the different classes of title?
Title absolute
Qualified Title
Possessory Title
Good Leasehold Title
How can someone who is tenants in common sell a property if the co owner dies?
Appoint a second trustee to sign contract/execute transfer deed
Provide certified copy death certificate
What interests may burden a property in the charges register?
Mortgages favouring a lender
Covenants
Easements
Leases
How are mortgages put on the title?
Created by deed
entered in the charges register
How might a lender prevent third parties taking a property subject to mortgage?
Restriction on the properietorship register preventing sale without consent
How should a solicitor ensure a property is sold free from mortgage?
Check sufficient funds to clear early on
Contract term saying mortgage will be redeemed on completion
Undertaking
How are positive covenants transferred between buyers and sellers?
Chain of indemnity / indemnity covenant
How may a buyer deal with covenants where proposed use of the land would be in breach?
Consent from Person With Benefit
Application to Upper Tribunal to discharge
Indemnity Insurance
Where are restrictive/positive covenants on the register?
Charges Register
Where are rights on the register?
Property Register
