Analysing HMLR official copies Flashcards
(18 cards)
when are official copies analysed?
as part of investigation into registered title
what are the two key dates on the OC?
edition date
search date
what is the edition date?
when title was lasted updated by HMLR
what is the search date?
when the OC was obtained (this is the date stated on application/forms)
what information is on the property register? (generally + specific)
property details inc.:
1. title number
2. address
3. tenure (i.e. LH/FH)
4. easements which benefit the property
5. rights that benefit the property
6. some exclusions (i.e. rights which don’t come witht the land, like if the mines and minerals are excepted or reserved).
what information is on the proprietorship register? (generally + specific)
ownership details inc.:
1. names of current owner(s) + service address
2. (potentillay) price paid
3. class of title
4. restrictions
5. indemnity covenants
what is class of title?
the level of certainty as to the property owner’s rights
who assigns the class of title? what is the effect of this?
title is determined by HMLR upon registration. Title is therefore guaranteed by the state and compensation is payable for a defect.
HMLR can upgrade the class of title too.
what are the different classes of title?
absolute
possessory
qualified
explain absolute title
the strongest title - signifies unequivocal ownership and the right to use, sell or lease.
in other words, the owner has an undisputed right to the property. Ownership cannot be challenged.
explain possessory title
owner in possession but absolute title not available (i.e. lost deed) or because they are claiming adverse possession.
Owner subject to adverse interests.
explain qualified title. Give an example
there is a specific defect/condition to the owner’s rights. This will be noted in the register.
example: someone has the property but the sale to them was done in breach of trust. Whilst they own the property, there is a potential claim by the trust beneficiaries.
what is meant by title?
the legal right to own, use and deal with land/property
what are restrictions?
something in the register which limits the proprietor’s ability to deal with the land/property
give examples of restrictions
co-ownership, lender restrictions, court order (i.e. following divorce)
what does the charges register show? (generally + specific)
encumbrances on the land, inc.:
1. covenants
2. easements which burden the property
3. charges
4. leases
5. notices
what is an encumbrance?
3rd party right or interest which burdens the land
what is a notice? how is it dealt with?
protects a third party’s interest. Must be removed from HMLR before purchase.
