Title investigation

Question 1

What does deducing title mean?

Answer 1

The process of proving ownership to a would-be buyer.

Question 2

What is the role of the seller’s solicitor in the pre-exchange stage?

Answer 2

Deduces title, answers pre-contract enquiries, and prepares the draft contract.

Question 3

What does the buyer’s solicitor do in the pre-exchange stage?

Answer 3

Investigates title, orders and reviews pre-contract searches, raises pre-contract enquiries, and reports on title.

Question 4

What are the key title documents involved in deducing registered title?

Answer 4

Land Registry official copies of the register, Land Registry title plan, copies of any documents referred to.

Question 5

What are the three separate registers in the official copies?

Answer 5

• Property register
• Proprietorship register
• Charges register

Question 6

What does the property register describe?

Answer 6

The property and any rights benefiting the property.

Question 7

What information does the proprietorship register provide?

Answer 7

The registered proprietor’s name and address, class of title, and entries affecting ownership.

Question 8

What is the purpose of investigating title?

Answer 8

To check that the seller has the legal right to sell, ensure the property is adequate for the buyer’s intended use, and identify any title defects.

Question 9

What is a right of way?

Answer 9

A legal right to pass through another person’s land.

Question 10

Define title absolute.

Answer 10

The best and most common class of title indicating no issues with ownership.

Question 11

What is a qualified title?

Answer 11

A title with a specific defect in the ownership documentation.

Question 12

What is possessory title?

Answer 12

A title granted based on physical possession without title deeds.

Question 13

What should the buyer’s solicitor do if the property has a qualified title?

Answer 13

• Report it to the client
• Check mortgage lenders’ requirements
• Consider title indemnity insurance
• Explore upgrading to title absolute

Question 14

What is the maximum number of legal persons that can be registered proprietors?

Answer 14

Four.

Question 15

What is the significance of a restriction on the proprietorship register?

Answer 15

It prevents certain dealings against the title unless specific terms are complied with.

Question 16

What happens to the legal title upon the death of a joint proprietor?

Answer 16

The deceased joint tenant’s interest accrues to the remaining co-owner.

Question 17

What is the right of survivorship?

Answer 17

The principle that a deceased joint tenant’s interest automatically passes to the surviving joint tenant.

Question 18

What occurs when a beneficial tenant in common dies?

Answer 18

Their share of the property passes to their beneficiaries under their will or intestacy rules.

Question 19

What must a buyer’s solicitor verify regarding the transfer of title?

Answer 19

That both legal title and beneficial title have passed to the buyer.

Question 20

Fill in the blank: The property register states whether the property is _______.

Answer 20

[freehold or leasehold]

Question 21

True or False: A right of way is always necessary for access to a property.

Answer 21

False.

Question 22

What is the importance of the title plan?

Answer 22

It helps the buyer confirm the size and location of the land they are purchasing.

Question 23

What is an indemnity covenant?

Answer 23

A promise made by the registered proprietor to observe positive covenants.

Question 24

What is the role of the Land Registry in relation to class of title?

Answer 24

It guarantees its titles with compensation.

Question 25

What should be considered regarding the maintenance of a right of way?

Answer 25

The obligation of a person using the right to contribute towards its maintenance.

Question 26

What may need to be done if a property has a right of way?

Answer 26

* Register the burden * Assess adequacy * Investigate maintenance obligations * Determine adoption status

Question 27

What happens if the seller is the executor of a deceased person's estate?

Answer 27

They may not be the registered proprietor.

Question 28

What does the charges register list?

Answer 28

Rights burdening the property.

Question 29

What must the Land Registry be satisfied with in a property transaction?

Answer 29

Both legal title and beneficial title has passed to the buyer.

Question 30

Who must sign the contract and execute the transfer deed if all co-owners are living?

Answer 30

All co-owners.

Question 31

What document must be provided when a surviving beneficial joint tenant is selling the property?

Answer 31

A certified copy of the deceased joint tenant’s death certificate.

Question 32

What must a surviving beneficial tenant in common do to sell the property?

Answer 32

Appoint a second trustee to sign the contract and execute the transfer deed.

Question 33

Fill in the blank: The buyer can take the property free from any beneficial interests provided it is transferred by at least _______.

Answer 33

two trustees.

Question 34

What does the term 'overreaching' mean in property law?

Answer 34

The process of transferring the beneficial interests in land to the money that the buyer has paid.

Question 35

What are the two types of co-ownership mentioned?

Answer 35

Beneficial joint tenants and beneficial tenants in common.

Question 36

What does the charges register list?

Answer 36

Rights burdening the property, such as mortgages, covenants, easements, and leases.

Question 37

True or False: A legal mortgage must be created by deed.

Answer 37

True.

Question 38

What must be entered in the charges register for a mortgage to be legally recognized?

Answer 38

The legal mortgage.

Question 39

What does the proprietorship register specify?

Answer 39

The class of title and identifies the owner.

Question 40

What typically happens during the sale of a property concerning the mortgage?

Answer 40

The property is usually intended to be sold free of mortgage.

Question 41

What should the buyer's solicitor ensure regarding the mortgage before completion?

Answer 41

That it is a term of the contract that the mortgage will be redeemed on completion.

Question 42

What is a restrictive covenant?

Answer 42

A covenant that restricts the use of the property.

Question 43

Fill in the blank: A covenant 'to use the property only as a residential dwelling' is an example of a _______.

Answer 43

restrictive covenant.

Question 44

What are positive covenants?

Answer 44

Covenants that require action, such as maintaining a fence.

Question 45

What is an indemnity covenant?

Answer 45

A covenant given by a buyer to the seller to observe the positive covenants.

Question 46

What happens if the chain of indemnity is broken?

Answer 46

The original owner can still be sued, but the chain will only go as far as the last person to give an indemnity covenant.

Question 47

What should a buyer do if the land’s current use is in breach of a covenant?

Answer 47

Obtain an indemnity insurance policy.

Question 48

What is the purpose of compulsory first registration?

Answer 48

To register land when it is sold, given away, or mortgaged.

Question 49

True or False: Compulsory first registration applies to all land regardless of transactions.

Answer 49

False.

Question 50

What is the first area that underwent compulsory first registration?

Answer 50

Eastbourne in 1926.

Question 51

Fill in the blank: Compulsory first registration was fully imposed by area on 1 December _______.

Answer 51

1990.

Question 52

What triggers compulsory first registration?

Answer 52

A dealing with the property ## Footnote Examples include selling, gifting, or mortgaging the land.

Question 53

What types of land may remain unregistered?

Answer 53

Land that is not being sold, given away, or mortgaged ## Footnote Examples include elderly people's properties or family farms.

Question 54

When was compulsory first registration first imposed?

Answer 54

1926 in Eastbourne ## Footnote The remaining areas were made subject to it on 1 December 1990 for sales and 1 April 1998 for gifts.

Question 55

Who is responsible for registering the buyer's title after completion?

Answer 55

The buyer’s solicitor

Question 56

What is the primary difference between registered and unregistered title?

Answer 56

Registered title is shown by official copies and title plan, while unregistered title is shown by an epitome of title.

Question 57

What does the title plan in registered title show?

Answer 57

The extent of the property

Question 58

What must a seller’s solicitor do with unregistered title?

Answer 58

Deduce title by examining the bundle of deeds and documents

Question 59

What is a root of title?

Answer 59

A deed that can be relied upon as proving the title

Question 60

What are the four requirements for a good root of title?

Answer 60

* Must be dated more than 15 years ago * Deals with both legal and beneficial title * Adequately describes the extent of the land * Does not cast doubt on the seller’s title

Question 61

What is preferable as a root of title?

Answer 61

A sale conveyance or legal mortgage

Question 62

What should a seller’s solicitor include in the epitome of title?

Answer 62

* The root of title * Relevant deeds leading to the seller

Question 63

What documents are not needed in the epitome of title?

Answer 63

* Documents affecting only beneficial interest * Expired leases * Land Charges searches

Question 64

What is the assumption for a seller who is a surviving co-owner in joint tenancy?

Answer 64

The seller is beneficially entitled by survivorship if certain conditions are met

Question 65

What must the buyer’s solicitor request if the seller is a surviving sole tenant in common?

Answer 65

Ask for a second trustee to be appointed in the conveyance

Question 66

What must be checked regarding the beneficial interest in co-ownership?

Answer 66

How the beneficial interest is held

Question 67

What is the difference between land charges and Land Registry registers?

Answer 67

Land charges bind unregistered land if registered, while Land Registry registers pertain to registered land.

Question 68

What can complicate unregistered conveyancing?

Answer 68

Dealing with multiple documents

Question 69

What is the primary role of the seller's solicitor in deducing unregistered title?

Answer 69

Identify relevant deeds and prepare an epitome of title

Question 70

What is the significance of a death certificate in co-ownership?

Answer 70

It is needed if the seller is a surviving joint tenant

Question 71

Fill in the blank: A root of title must be dated more than _______ years ago.

Answer 71

15

Question 72

True or False: A declaration of trust is a good root of title.

Answer 72

False

Question 73

What is the purpose of the power of attorney in the chain of title?

Answer 73

To execute the root of title or any deed in the chain of title

Question 74

What is the role of the Land Charges Department of the Land Registry?

Answer 74

It keeps the register of land charges.

Question 75

What must certain interests binding unregistered land do to be effective?

Answer 75

They must be protected by land charge to bind any purchaser.

Question 76

True or False: The land charges register is the same as the Land Registry registers.

Answer 76

False

Question 77

What is the main difference between the land charges register and the Land Registry registers?

Answer 77

The land charges register is relevant to unregistered titles and is catalogued by individual or company name, while the Land Registry registers concern registered land and are catalogued by title number.

Question 78

Fill in the blank: A _______ is a legal document that confirms a mortgage has been repaid.

Answer 78

vacating receipt

Question 79

What are the classes of land charges that protect certain types of interests?

Answer 79

* C(i) – puisne mortgage * C(iv) – estate contract * D(ii) – restrictive covenant * D(iii) – equitable easement * F – home right

Question 80

What type of searches are necessary when investigating unregistered land?

Answer 80

Land charges searches

Question 81

What is a positive covenant?

Answer 81

A covenant that requires action to be taken.

Question 82

How are positive covenants treated in unregistered land?

Answer 82

They only bind if there is a chain of indemnity covenants.

Question 83

What must a buyer's solicitor verify regarding mortgages in unregistered land?

Answer 83

Ensure that the seller discharges them on completion.

Question 84

What should be included in the epitome of title regarding leases?

Answer 84

Any leases that have not ended.

Question 85

What is the significance of the Law of Property (Joint Tenants) Act 1964?

Answer 85

It outlines the assumptions applying to co-ownership of unregistered land.

Question 86

What happens if a seller is a surviving tenant in common?

Answer 86

A second trustee should be appointed in the conveyance to overreach the beneficial interest of the deceased tenant.

Question 87

What types of covenants may appear in the chain of title?

Answer 87

* Positive covenants * Restrictive covenants * Unknown covenants

Question 88

What is a restrictive covenant?

Answer 88

A covenant that restricts certain actions on the land.

Question 89

What is an equitable easement?

Answer 89

An easement that is not necessarily apparent from the epitome of title or inspection.

Question 90

What is the purpose of home rights?

Answer 90

To protect the right of a spouse or civil partner to occupy the home.

Question 91

What is the typical process for carrying out a land charges search?

Answer 91

It is requested on a Form K15 or through the Land Registry’s online portal.

Question 92

What should the buyer’s solicitor check in the chain of title?

Answer 92

Identify any covenants, easements, or leases.

Question 93

What must be done if there are unknown covenants in the chain of title?

Answer 93

Raise the issue with the seller and potentially take out indemnity insurance.

Question 94

What is the term for a mortgage that is not registrable as a land charge?

Answer 94

First legal mortgage

Question 95

What should happen if the root of title refers to covenants or easements in an earlier deed?

Answer 95

That deed should be provided in the epitome of title.

Question 96

What is a puisne mortgage?

Answer 96

A second or third mortgage that can be protected by a c(i) land charge.

Question 97

What is the main concern for a buyer's solicitor regarding co-ownership?

Answer 97

Ensure all co-owners can sign the contract and execute the purchase deed.

Question 98

What is the implication of a conveyance stating a seller is beneficially entitled to the whole property?

Answer 98

Assumes the seller was a beneficial joint tenant.