1. Title Investigation

Question 1

Official Copies - HEADER

Answer 1

check:
ONE - date and time (ideally less than 2m old)

TWO - edition date

THREE - title number (matches TR1 and contract?)

Question 2

Official Copies - Property Register

Answer 2

1. Date property first registered
2. Freehold or leasehold
3. Description of the property by reference to the address and title plan
4. Easements benefiting the property (e.g. right of way, right to lay pipes for water and sewerage, rights of light)
5. Exclusions from title

Question 3

Official Copies - Proprietorship Register

Answer 3

1. Class of title
2. Registered proprietors
3. Price of property when last bought
4. Indemnity covenant entry
5. Restrictions

Question 4

Official copies - Charges Register

Answer 4

1. Easements burdening the proeprty
2. RC
3. PC
4. Mortgages
5. Registered leases and easements that burden the land

Question 5

Official Copy - title plan

Answer 5

does land being sold match the title plan?

check colouring and hatching

Question 6

Do you need to see the the document creating the right

Answer 6

YES - if “Note: Copy filed”

NO - if extracted (contains all details: nature, location, any restrictions)

Question 7

qualified title (F/L)

Answer 7

proprietor ownership only established for limited period or is subject to reservations that cannot be disregarded

(e.g. certain title documents were missing when land was registered)

Question 8

Possessory title (F/L)

Answer 8

proprietor is in actual possession or in receipt of rents/profits but has no further documentary evidence of how it obtained ownership

(e.g. squatter)

Question 9

Good leasehold (L)

Answer 9

only a leaseholder so no evidence of landlord’s title to the land

Question 10

DESCRIPTION OF PROEPRTY

Answer 10

makes sure it matches the contract and TR

Question 11

Easements benefiting

Answer 11

do you need one?
is there one?

AMAR
adequate - physically: size + construction
maintenance - check covenant, ask S
adoption - CON 29
registration - official copies after SIM

Question 12

Exclusions

Answer 12

Might not affect client’s intended use

Might want to reduce purchase price (affects value of the property)

Question 13

Class of title

Answer 13

title absolute 
(LR satisfied proprietor is the true and proper owner of the property)

Question 14

Registered proprietor

Answer 14

check seller in contract/TR1 is the same

COMPANIES HOUSE - maybe company name changed (check the company number)

Question 15

Indemnity Covenant

Answer 15

this is evidence that one exists

- B will have to sign one for S (making B contractually liable for PC)

Question 16

Restrictions

Answer 16

MORTGAGE - make sure undertaking from S relating to mortgage

TENANCY IN COMMON RESTRICTION - if 2 ok, if 1 need to appoint a trustee to override interest

Question 17

easements burdening (IN OFFICIAL COPIES)

Answer 17

will it affect b’s intended use of the property?

Question 18

RC

Answer 18

Any past breaches?
any possible future breaches?

WAS THERE A BREACH?
INSURANCE (+ condition inc ontract)
PWB
UT(LC)

iF PAST and future = must pursue same remedy

Question 19

PC

Answer 19

Enforceable? –> Indemnity covenant?
If yes - binds

Past breach?

• remediable? reduce price?
• if not remediable - insurance + pwb

continuing/future breach?

• Insurance,
• PWB

Question 20

MORTGAGE

Answer 20

Get undertakings from S’s solicitor:

ONE - S’s solicitor will forward monies required to discharge mortgage to lender

TWO - S’s solicitor will send B’s solicitor DS1 form upon its reciept

Question 21

Tulk v Moxley

Answer 21

RC automatically binding on B because they run with the land

Question 22

Legal easements burdening property

Answer 22

overrides sale of reg. land

arises through:

• prescription
• necessity
• implication
• rule in wheeldon v burrows

If created by deed - must be in Charges Register in servant land to be legal

Question 23

equitable easements burdening property

Answer 23

If not in Charges Register = equitable easement

only overrides B’s interest if

• created before LRA 2002 came into force (1 October 2003)
• openly enjoyed

Question 24

unregistered leases

Answer 24

overriding if:

• not more than 7 years
• if not more than 21 years + granted prior to 13 October 2003

Question 25

persons in actual occupation

Answer 25

ensure S confirms sale will be with vacant possession

get non-owning occupier to sign a document:

• waiving any possible interest in the property +
• agree to vacate property on/before completion date

Question 26

3P usage of the land

Answer 26

check if it is a village green (CON 29)
check if public right of way (CON29)

Issue: if open land, it can be a common land/village green –> if public have rights over it, it can be hard to build on it

Question 27

Tenants in Common

Answer 27

1 remaining TC:

• ensure 2nd trustee appointed to receive purchase monies (overreach beneficial interest)
• get death certificate
• get deed of appointment of 2nd trustee (usually in TR1)

More than 1 remaining:
- get official or certificated copy of death certificate

Question 28

JT

Answer 28

Get death certificates

Question 29

Flooding

Answer 29

ask S (if DES reveals risk)
check with insurance company

Question 30

public footpath

Answer 30

CPSE and CON29

Inform B

(issue = free and uninterrupted public access footpath means that obstruction is not allowed, which might clash with b’s intended use)

Question 31

PCR

Answer 31

Report to B results of title investigation

O(4.2) - ensure client is aware of all information material to your retainer

O(1.12) - report to client to achieve this

Question 32

in exam - tip for title investigation

Answer 32

SPOT ISSUES
EXPLAIN WHY ISSUE
SOLUTION
GIVE ADVICE