Title Investigation - Unregistered Land

Question 1

What is unregistered land and why does it still exist?

Answer 1

It is land not yet registered with the Land Registry. It still exists because compulsory first registration is only triggered by a dealing (sale, gift, mortgage), so land held long-term may remain unregistered.

Question 2

What is the seller’s solicitor’s role in unregistered land?

Answer 2

To deduce title by preparing an epitome of title, identifying a good root of title, and listing key deeds/documents.

Question 3

What is the buyer’s solicitor’s role in unregistered land?

Answer 3

To investigate the title using the epitome of title, ensure the title is registrable with absolute title, and register it post-completion.

Question 4

How does the structure of registered and unregistered title differ?

Answer 4

Registered title is proven via official copies and a title plan; unregistered title is proven by a chain of original deeds in an epitome of title.

Question 5

What is an epitome of title?

Answer 5

A schedule of relevant title deeds and documents, with copies, proving ownership to unregistered land.

Question 6

What is a “root of title”?

Answer 6

A deed that can be relied on to prove ownership, forming the basis of the title chain.

Question 7

What are the four requirements for a good root of title under s.44 Law of Property Act 1925?

Answer 7

It must (1) be over 15 years old, (2) deal with legal and beneficial title, (3) adequately describe the land, and (4) not cast doubt on ownership.

Question 8

Why are sale conveyances and legal mortgages preferred as root deeds?

Answer 8

Because they imply earlier investigation of title, providing a longer (30-year) title assurance.

Question 9

What is the purpose of the chain of title?

Answer 9

To show an unbroken transfer of ownership from the root of title to the seller.

Question 10

What documents are typically included in the epitome of title?

Answer 10

The root of title, post-root deeds in the chain, any relevant powers of attorney, probate documents, and mortgage discharges.

Question 11

What documents are not needed in an epitome of title?

Answer 11

Expired leases, documents affecting only beneficial interest, old searches, or correspondence unless referenced in the title chain.

Question 12

What does “seised in fee simple in possession” indicate in a deed?

Answer 12

That the seller owns the full legal and beneficial freehold interest—this is key for root of title.

Question 13

What happens if relevant deeds are missing in unregistered title?

Answer 13

The buyer’s solicitor may raise requisitions or require indemnity insurance.

Question 14

What is the aim of investigating unregistered title?

Answer 14

To confirm the seller’s right to sell, ensure the land suits the buyer’s purpose, and that title is registrable with absolute title.

Question 15

What is a SIM (index map) search and why is it important?

Answer 15

It reveals whether any part of the land is already registered or subject to pending applications or cautions.

Question 16

What are the formalities for valid execution of deeds pre- and post-1990?

Answer 16

Pre-1990: must be signed, sealed (wax/paper), and delivered. Post-1990 (LPMPA 1989): must be signed and witnessed, no seal required.

Question 17

What does “delivered as a deed” mean?

Answer 17

It means the party acknowledges they intend to be legally bound, typically shown by dating the deed.

Question 18

What is the significance of stamp duty in unregistered deeds?

Answer 18

It proves the deed is valid and enforceable. Ad valorem stamps or certificates of value must be present.

Question 19

What is a Particulars Delivered (PD) stamp?

Answer 19

A stamp confirming the conveyance was submitted to HMRC for duty assessment—required for conveyances post-1931.

Question 20

What happens if a deed is not properly stamped?

Answer 20

The buyer’s solicitor should require the seller to pay the correct duty and penalties before proceeding.

Question 21

What must the buyer’s solicitor check before accepting the seller’s title?

Answer 21

Root of title, full chain of ownership, validity and stamping of deeds, and clarity of land extent.

Question 22

What is the consequence of an invalid root of title?

Answer 22

The title may be rejected by the Land Registry or lender, requiring seller rectification.

Question 23

Why does the buyer’s solicitor check for registration after a compulsory registration date?

Answer 23

If post-dated, the seller should have registered already; buyer should not proceed unless the title is registered.

Question 24

When can a buyer assume survivorship of unregistered land?

Answer 24

If deed says seller is “beneficially entitled”, no severance memo exists, and there is no bankruptcy record.

Question 25

What documents are required for surviving joint tenants?

Answer 25

A certified copy of the deceased co-owner’s death certificate.

Question 26

What is required if the seller is a surviving tenant in common?

Answer 26

Appointment of a second trustee in the deed and a death certificate.

Question 27

What is a land charge and how is it different from Land Registry entries?

Answer 27

Land charges apply only to unregistered land and are recorded by name, not title number.

Question 28

What are the common types of land charges?

Answer 28

C(i): puisne mortgage, C(iv): estate contract, D(ii): restrictive covenant, D(iii): equitable easement, F: home rights.

Question 29

Why are land charges searches essential?

Answer 29

Because unregistered interests like covenants and easements may only bind if properly registered as land charges.

Question 30

How are land charges searches conducted?

Answer 30

Via Form K15 or the Land Registry portal, by name and date of ownership for each past owner.

Question 31

What is a vacating receipt?

Answer 31

A note on or attached to a mortgage deed showing it has been fully repaid.

Question 32

Why is a first mortgage not a land charge?

Answer 32

Because the lender keeps the deeds, giving them protection without needing registration.

Question 33

When is a puisne mortgage a concern?

Answer 33

When it is a second or third legal charge without deed possession; it must be registered as a C(i) land charge.

Question 34

What rights may burden or benefit unregistered land?

Answer 34

Easements, covenants, leases, and other equitable interests.

Question 35

How are rights identified in unregistered land?

Answer 35

By reading each deed in the chain of title, especially those referenced in the root of title.

Question 36

How do positive covenants bind unregistered land?

Answer 36

Only if there is an unbroken chain of indemnity covenants in each transfer.

Question 37

How do restrictive covenants bind unregistered land?

Answer 37

Only if registered as D(ii) land charges.

Question 38

Are positive covenants registrable as land charges?

Answer 38

No, they are personal obligations and not registrable.

Question 39

What is an unknown covenant?

Answer 39

A covenant referenced in a deed, but the deed is missing or not provided.

Question 40

How should a buyer’s solicitor deal with unknown covenants?

Answer 40

Raise enquiries, recommend indemnity insurance, and report to client and lender.

Question 41

What is the status of legal easements in unregistered land?

Answer 41

They do not require land charge registration, as they should be evident from deeds or inspection.

Question 42

What are equitable easements and how are they protected?

Answer 42

They are not obvious from inspection and must be registered as D(iii) land charges.

Question 43

What are estate contracts and how are they protected?

Answer 43

Contracts for future sale/lease, protected as C(iv) land charges.

Question 44

What are home rights and how are they protected?

Answer 44

Occupation rights of a spouse or civil partner, protected by registration as an F land charge.

Question 45

Why must leases in unregistered land be included in the epitome of title?

Answer 45

Because they are not registrable as land charges but still bind the land.

Question 46

What are the buyer’s options if covenants affect proposed use?

Answer 46

Indemnity insurance, approach person with benefit, or apply to Upper Tribunal to discharge.

Question 47

What risk arises from approaching the person with benefit (PWB) before getting insurance?

Answer 47

Insurers may refuse to offer a policy if the PWB has been contacted.

Question 48

What is the buyer solicitor’s responsibility with land charges?

Answer 48

Ensure all relevant charges are searched and report unregistered burdens to the client and lender.

Question 49

What is the main register for binding interests on unregistered land?

Answer 49

The Land Charges Register maintained by the Land Charges Department of the Land Registry.

Question 50

What happens if a required land charge is not registered?

Answer 50

The interest will not bind a purchaser for value.