Freehold Transactions

Question 1

What does ‘deducing title’ mean?

Answer 1

When the seller’s solicitor sends title documents to buyer’s solicitor evidencing the seller’s ability to sell

Question 2

What is included in the title documents for registered land?

Answer 2

Official copies of the Register (documents held by the Land Registry), the title plan and any documents referred to in the Register

Question 3

What is included in the title documents for unregistered land?

Answer 3

The seller’s solicitor will have to sort through all the old documents and extract the relevant ones (the Epitome of Title)

Question 4

What is the Report on Title?

Answer 4

After the buyer’s solicitor has completed pre-contract searches and enquiries, and reports back to buyer on relevant matters

Question 5

What forms may the buyer need to complete after completion?

Answer 5

• SDLT1
• AP1 (if land is registered)
• FR1 (if land is unregistered)
• MR01 (if buyer is a company)

Question 6

What are the three types of register and what do they contain?

Answer 6

• Property register: Describes the land and estate, the address, benefits held by land owner
• Proprietorship register: Who owns the property, class of title, price paid for the property
• Charges register: Burdens affecting the land, mortgage

Question 7

What does ‘fee simple absolute in possession’ mean?

Answer 7

• Fee simple: continues for as long as the owner has someone to succeed him
• Absolute: perpetual
• In possession: must not be in reversion or remainder - must be immediate