6 - Unregistered titles

Question 1

what is the epitome of title?

Answer 1

a bundle of documents relating to title information - to satisfy the buyer that the seller has legal and beneficial title in the property

Question 2

are documents relating to equitable interests included in the epitome?

Answer 2

No - overreached on completion

Question 3

what is deducing title?

Answer 3

Seller shows epitome to the buyer

Question 4

does the seller hand over original documents?

Answer 4

Only on completion. When deducing title, seller shows the epitome which are copies

Question 5

what is the earliest year that can be used for search period?

Answer 5

1926 - register first opened

Question 6

what is the Central Land Charges Registry?

Answer 6

where third party rights are registered as a Central Land Charge for protection

Question 7

what happens if the buyer does not complete the purchase within the protection period?

Answer 7

any Central Land Charge registered against the property will bind the buyer

Question 8

what do we need to do if the buyer does not complete purchase within the protection period?

Answer 8

need to carry out new CLC search against property - make sure no third party rights have been registered

Question 9

what is an ‘office copy’?

Answer 9

official copy at Land Registry

Question 10

why must we obtain office copies of Land Charges revealed by the CLC search?

Answer 10

so we are sure of what the charge relates to, the extent of land affected by the charge, and the PWB

Question 11

when must the buyer’s solicitor do a company search?

Answer 11

when the seller is a company to ensure it still exists and is solvent

Question 12

what searches must the buyer’s solicitor check?

Answer 12

• CLC search
• Company search (if applicable)
• SIM search

Question 13

when will a positive covenant be binding on the buyer?

Answer 13

chain of indemnity covenants from the original covenantor

Question 14

The epitome has a conveyance to the seller with an indemnity covenant for a positive covenant. Is it binding on the buyer?

Answer 14

No. The positive covenant will only bind the buyer when the buyer gives an indemnity to the seller.

The seller will have to seek out an indemnity covenant from the buyer.

Question 15

do restrictive covenants run with the land, and what does this entail?

Answer 15

Yes. So the charge only needs to be registered against the original covenantor and it will bind all subsequent owners - it runs with the land

Question 16

what land charges are NOT a registered charge?

Answer 16

positive covenants

legal easements

Question 17

in what 2 ways will a restrictive covenant be binding on the buyer?

Answer 17

1. registered as a D(ii) land charge

2. chain of indemnity covenants

Question 18

What is the best remedy for a past breach of positive covenants?

Answer 18

Rectify the breach - e.g. put up a fence

Question 19

What is the best remedy for a past/future breach of restrictive covenants?

Answer 19

restrictive covenant insurance

Question 20

what makes an easement legal rather than equitable?

Answer 20

created by deed

Question 21

when is it necessary to register a caution against first registration?

Answer 21

I have an easement over servient land, and that servient land is not registered.

Seller’s solicitors must register a caution against first registration, so when someone applies for the servient land to be registered, the buyer will be notified and can register the burden of easement against the land.

Question 22

what stamps must all conveyances have?

Answer 22

1. PD stamp and
2. AV stamp/certificate of value
3. both

Question 23

date of compulsory first registration of title?

Answer 23

1 December 1990

Question 24

why must a buyer ensure that the seller has good root of title?

Answer 24

to prove the seller’s legal and beneficial title to the property

Question 25

why must mortgage be discharged and when?

Answer 25

usually discharged immediately after completion, otherwise buyer will be subject to it.

Question 26

can the seller’s solicitor undertake to discharge the mortgage?

Answer 26

No. The seller’s solicitor should undertake to forward funds to the bank so that the bank can discharge the mortgage