Investigation Of Title

Question 1

How do you investigate title to freehold registered land?

Answer 1

Sellers solicitor needs to obtain copies of register of title for property: official copies.

Also need a copy of land registry plan - title plan.

Question 2

What is the deduction of title?

Answer 2

Expression used for the sellers obligation to prove to the buyer their ownership of property.

Good documentary evidence of title to the buyer.

Question 3

What does the prperty register show?

Answer 3

They show a description of the land, if it is freehold or leasehold.

Will also show if there are easements which BENEFIT the land

Certain things people may expect to come with land - right of light etc

Question 4

What does the proprietorship register show?

Answer 4

Identify current owners and address. Identify class of title.

May also indicate price paid for the land from current owners, indemnify covenant, chain of indemnities

Will also show any restrictions on the owners ABIILITY to sell - notices and restrictions.

Question 5

What are the 3 different guarantees of title?

Answer 5

Absolute title

Possessory title

Qualified title

Question 6

What is an absolute title?

Answer 6

Most common and best.

Registered proprietor has vested interest in the legal estate, subject only to entries on register, overriding interests and beneficial.

Question 7

What is possessory title?

Answer 7

Where proprietor is in possession of property, but has LOST title deed or is claiming through adviser possession (meaning the proper it or is subject to all adverse interests existing at the date of first registration)

Question 8

What s a qualified title?

Answer 8

This is where there is a specific identified DEFECt which the Registrar feels cANNOT be overlooked or cured by grant of absolute title

Question 9

What is within the charges register?

Answer 9

Identify incumbrances.

• covenants affecting property
• easements afectingland
• chagres over land
• leases granted
• notices registered by third parties claiming an interests.

Question 10

How do you investigate the title to freehold unregistered land?

Answer 10

Check to see if land is registered.

Land registry will warn off the cautioner.

Checks can be done by INDEX MAP or Form SIM.

If title has NOT been registered, then title is proved by title deeds.

Question 11

How can the seller deduce title to the buyer in unregistered land?

Answer 11

Conveyances, mortgages, assets sets .

See if any hostile should have triggered first registration.

Find the root of title

Question 12

What is the root of title?

Answer 12

In unregistered land, this is the document form which the begin the title investigation.
Good rout of title will be a single document for that particular sale, that satisfies all the requirements of a good root of title.

Question 13

What are the requirements for a good root of title?

Answer 13

S 44 LPA

Deal with or show who owns the entire estate (legal and equitable) that is being sold

Contain recognisable description of relevant land

Do nothing to cast doubt on sellers title

Be at LEAST 15 years old

Question 14

What is the best root of title if a conveyance or mortgage is NOT available>

Answer 14

Deed of gift or an asset.

Question 15

What must the solicitor focus in the title deed of unregistered propert?

Answer 15

Chain of ownership (should be unbroken)

Description of land (ensure consistency)

Stamp duties (after 2003)

Incumbrances (easements and covenants)

Execution (ensure it was properly executed. Must be in writing, make it clear on the face that it is a deed, with it signed by person granting interest in PRESENCE of witness hwo attests to signature, and be delivered asa deed)

Land charges searches (some incumbrances will only bind if registered as Land Charge.

Question 16

What class of land charge is an estate contract?

Answer 16

C(iv)

Question 17

What class of land charge is a restrictive covenant?

Answer 17

D(ii)

Question 18

What class of land charge is an equitable easement?

Answer 18

D(iii)

Question 19

What class of land charge is a home right?

Answer 19

F

Question 20

What is a K15 form?

Answer 20

Valid searches made against the names of all estate owners revealed int he epitome of title and attacked documents.

K15 should be against each estate owner for the period that they OWNED the land.

Question 21

What are issues that might be revealed in an investigation of title?

Answer 21

Certain rights may be attached to it, may be a burden or a benefit, may restrict use.

Question 22

How can an easement be an issue when revealed in an investigation of title?

Answer 22

They should be in charges register, but many also be in property register if there is a conveyance and easements that burden the property AS WELL as benefit it.

May be a financial o bligation ATTACHED to the easements that benefit the property - such as maintenance if you use the driveway.

Question 23

How can mines and minerals be an issue to the property?

Answer 23

A mining exception means that the seller does NOT OWN any mines or minerals underneath the surface, and cannot transfer them to the buyer.

Any encroachment on them to the buyer will constitute a trespass.

Question 24

When may co-ownership e an issue to a buyer?

Answer 24

TIC or joint tenants, will need to show death certificate of anyone.

Question 25

What are the 3 conditions needed in unregistered land, if joint tenantcy was not severed?

Answer 25

No memorandum of severance endorsed ont he conveyance of property

No bankruptcy proceedings registered against either

Transfer by survivingjoint owner to buyer contains a statement hat survivor is solely and beneficially entitled to land

Question 26

How may restrictive covenants be an issue to a buyer?

Answer 26

Prevent the land being used in particular ways, and are binding on successors in title.

Charges register.

If unregistered, will ONLY be binding if it is registered as D(ii) charge against the original covenantor.

Question 27

What 3 options should the buyers solicitor consider when dealing with reastrictive covenants?

Answer 27

Ask seller if they know who currently owns the prperty with BENEFIT, and ask taht owner if buyer can come to arrangement

Obtain restrictive covenant insruance policy for proposed breach

Apply to upper tribunals for modification or discharge of the covenant, under s 84 LPA, on grounds it is obsolete or no practical benefit.

Question 28

Where are positive covenants?

Answer 28

Proprietorship register - indemnity covenant will be shown

Question 29

How can mortgages be an issue to a buyer?

Answer 29

Rarely a problem, becuase the seller intends to discharge it using proceeds of sale immediately after completion.

Wil be in epitome of title or a restriction in the proporionship register.

Question 30

How can leases be an issue for a buyer?

Answer 30

Not be a problem if the buyer is expecting it (tenants)

Grant of lease for more than 7 years requires registration, protected if registered.

Leaes leases for a term of not exceeding 7 years might qualify as an overriding interest if tenant is in occupation.

Legal leases for a term of ot exceeding 7 years. And equitable leases where tenant is in actual occupation may ne enforceable as overriding interests.