Title Investigation - Unregistered Land

Question 1

When does compulsory first registration occur?

Answer 1

Dealing

Question 2

What are the requirements of a good root of title?

Answer 2

a) Dated more than 15 years ago
b) Deals with both legal and beneficial title
c) Adequately describes the extent of the land conveyed
d) Doesn’t cast doubt on seller’s title

Question 3

What title documents are included in the epitome of title?

Answer 3

Root of title
Chain of title from that deed to the seller

Question 4

What other documents than title docs are in the epitome of title?

Answer 4

• LPA under which root of title/any deed in chain of title has been executed
• Death – Death Certificate if survivorship, Grant of Rep and Assent if Will
• Any mortgages created after root of title, even if discharged

Question 5

What is not needed for the epitome of title?

Answer 5

• Documents only affecting beneficial interest
• Expired leases
• Land Charges searches
• Deeds containing planning permission, old local searches, correspondences, architect’s plans etc

Question 6

What will a search of the index map reveal?

Answer 6

• Any registered titles within the boundaries
• Any pending applications for registration
• A caution against first registration

Question 7

What are the requirements for a validly executed deed made after 1989?

Answer 7

• Clear on face intended to be deed
• Signed
  o Individual – witness
  o Company – 2 directors/1 director + secretary
• Delivered as deed (executor intends to be bound, in practice = date)

Question 8

What are the requirements for a validly executed deed made before 1989?

Answer 8

• Clear on face intended to be deed
• Signed
• Sealed (wax seal/paper disc)
• Delivered as deed

Question 9

How do you check stamp duty?

Answer 9

• Certificate of value or properly stamped with ad valorem stamp duty
• Particulars Delivered stamp

Question 10

When did LPMPA come into force?

Answer 10

31 July 1990

Question 11

How is the extent of a property shown in the epitome of title?

Answer 11

Root of title may refer to scale plan or
Plan in pre-root document is included

Question 12

Where there is co-ownership of unregistered land, when can you assume they are joint tenants?

Answer 12

• Conveyance from seller to buyer states seller beneficially entitled to whole of property
• No memorandum of severance (note signed by JTs) converting interests into beneficial TiC written on/attached
• No bankruptcy order/petition registered against seller

Question 13

How do you carry out land charges searches?

Answer 13

K15/online portal
By years of ownership and full name
If predates 1926/unknown, use 1926

Question 14

What are the land charges registers and numbers?

Answer 14

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

Question 15

What other interests could cause title issues for unregistered land?

Answer 15

• Legal easements – Not registerable as apparent from epitome/inspection
• Equitable easements – D(iii)
• Estate Contracts – may be protected as C(iv) useful if long period between exchange and completion
• Leases – Not registerable, any leases not ended should be in epitome
• Home rights – protect spouse/civil partner occupying home

Question 16

What are the main issues concerning unregistered land?

Answer 16

Beneficial interest of co owners
Land charges
Mortgages
Rights
Covenants

Question 17

What does a declaration of trust do?

Answer 17

Passes beneficial interest only

Question 18

What is bare legal title?

Answer 18

Legal title, no beneficial title