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PLP > 1. Title Investigation > Flashcards

1. Title Investigation Flashcards

1
Q

What does court consider before it forces sale between xo-owners

A

Factors under s.15, e.g. original purpose of the trust

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2
Q

What is the presumption for Ps holding property for partnership - how do they hold

A

TiC

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3
Q

Two ways to find actual occupation

A

CPSE + physical inspection

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4
Q

What two SRA CoC does reporting to buyer fulfil

A

O(4.2) and O(1.12)

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5
Q

If rights are annexed to the register, what will S need to do

A

Get a copy from S/LR

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6
Q

Advising on adequacy for easement why

A

To ensure adequate for Bs purposes, e.g. restricted to on foot?

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7
Q

Why is the Upper Tribunal a last resort for remedying past breach of RC

A

Costly and time-consuming and not guaranteed the result you want

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8
Q

Three options if past breach of RC w/o consent

A

Insurance, PWB consent, or Upper Tribunal

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9
Q

How does a right of light come into existence

A

Deed or prescription

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10
Q

What are the title docs

A

OC + title plan + copies of docs not extracted on C

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11
Q

Options for future breach of RC

A

All three, but insurance likely to be prohibitively expense bc unquantifiable risk

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12
Q

What to do if no past history of maintenance to RoW

A

Ask PWB for how much

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13
Q

Evidence for LR if sale by JT w/o all original JTs

A

Certified copy of death certificate

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14
Q

Why is it an issue if easement to be adopted

A

Costly to put into adoptable standard

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15
Q

How can court force sale

A

Under s.14 TOLATA

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16
Q

What kind of sewers are statutory responsibility

A

Serving more than 1 property + lateral drains

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17
Q

If RoW not registered on servant land, what should happen

A

Make it a condition of sale

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18
Q

What does the Property Reg sho

A

Extent of property + rights benefitting the property

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19
Q

How do you check if easement registered

A

SIM to see if reg, then OC, or caution against 1st reg

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20
Q

O(1.12) on

A

Helping client to make informed decision

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21
Q

How does Property Reg show extent of property

A

By ref to title plan

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22
Q

What ensures positive covenants do effectively run w/ the land and why

A

SCPC 7.6.5 indemnity covenant if S gave one

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23
Q

What must person in actual occupation do

A

Sign Declaration of waiver + agree to vacate, w/ independent legal advice

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24
Q

When can individual bring action in nuisance if easement in their favour

A

If right substantially interfered w/

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25
Q

When must a right of light be expressly excluded

A

Sale of part

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26
Q

O(4.2) on

A

Disclosure

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27
Q

How must C be signed + PD executed if TiC

A

All alive must sign + execute

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28
Q

What should S advise on if Property Reg shows easement

A

Maintenance, Adequacy, Adoption and Reg

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29
Q

When does a restrictive covenant run with the land

A

If Tulk v Moxhay complied w/ + registered

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30
Q

Disclosure SRA

A

O(4.2)

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31
Q

Two things contained in Proprietorship Reg

A

Class of title and how parties hold the title (if two or more owners)

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32
Q

Regulation issue for insurance on past breach of RC

A

General prohibition under s.19 triggered if advising on merits of insurance policy

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33
Q

What happens if loss caused by mistake in LR

A

LA will indemnify

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34
Q

What can parties agree if one coowner wishes to leave property, and other wishes to remain

A

Transfer of equity

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35
Q

Under what statute can the Upper Tribunal (Lands Chamber) discharge or modify restrictive covenants

A

s.84 LPA ‘25

36
Q

How do you search for if easement to be adopted

A

CON29

37
Q

Ratio of Tulk v Moxhay

A

RCs must ‘touch and concern’ the land

38
Q

Options for remedying positive covenants

A

S to remedy, or insurance/PWB consent

39
Q

Why advise on maintenance for easement

A

B will have to contribute under CL

40
Q

How can an inadequate easement be amended

A

By Deed of Variation

41
Q

Four ways to ascertain past breach of RC

A

LLC1, CON29, OC and CPSE

42
Q

How will court order proceeds to be split when forced sale under s.14 TOLATA

A

Equal if JT, or in accordance w/ deed of trust if TiC

43
Q

Why is title investigation carried out before exchange

A

to check for defects

44
Q

When does a legal easement unregistered NOT bind B

A

If by deed, bc should be registered in CR

45
Q

What evidence does LR require if sale by TiC w/o all TiCs

A

Certified copy of death certificate, and DoA of 2T if relevant

46
Q

How is a personal rep appointed

A

In will

47
Q

If there is a mortgage over the property + proposed transfer of equity, what must happen

A

Mortgagee would have to consent

48
Q

What can PWB do for breach of RC

A

Apply for injunction, or get damages in lieu

49
Q

If sale by personal rep, what will B + LR check

A

Official copy of GoR ONLY

50
Q

What kind of covenant does not run w/ the land

A

Positive

51
Q

What additional interests not registered on charges register bind B

A

Overriding interests

52
Q

Two other examples of rights that may be under PropReg

A

Right to lay pipes + right of light

53
Q

What is registered on Charges Reg

A

Interests reg

54
Q

What is the most common right under Property Reg

A

Easements

55
Q

Which option for remedying past breach of RC is ALWAYS after insurance

A

PWB consent, bc invalidated insurance policy

56
Q

Two possible remedies from action in nuisance

A

Injunction or damages

57
Q

What happens if only one TiC left + sale

A

Must appoint 2T by Deed of Appointment

58
Q

When does an equitable easement bind B

A

If created before Oct 2003 + openly enjoyed

59
Q

Where are the overriding interests for registered land

A

Schedule 3 LRA 2002

60
Q

How does personal rep get power to sell deceased’s assets

A

Grant of Representation

61
Q

How does a mortgagee protect its interest in the property as security

A

Register charge in charges register + restriction in Proprietorship Register

62
Q

When would you go to Upper Tribunal for past breach of RC

A

PWB absent or unreasonable

63
Q

Helping client to make informed decision SRA

A

O(1.12)

64
Q

What happens if parties held as JT and only one left

A

Survivorship means individual can sell

65
Q

Why is 2T needed if TiC and only one left

A

To overreach deceased’s interest

66
Q

When is consent needed from a mortgagee for sale

A

if sale of part

67
Q

What can happen if qualified title but docs found

A

Can upgrade to TA

68
Q

Part of what statute on class of title

A

s.9 - 10 LRA

69
Q

When is injunction for PWB for breach of RC unlikely

A

If they waited

70
Q

If past breach of RC found, what is S asked

A

If consent obtained (w/ copy)

71
Q

Four kinds of class of title

A

TA, qualified, possessory and good leasehold

72
Q

When is a restriction entered into proprietorship reg, if two or more owners

A

If they hold as TiC

73
Q

What option is not available for remedying positive covenants

A

Upper Tribunal

74
Q

How do you check maintenance for easement

A

Ask for usually 3 year history, but can be ad hoc

75
Q

When will damages in lieu of injunction be likely

A

Infringement small + quantifiable

76
Q

Lease of what duration overrides and binds B

A

Not more than 7 years

77
Q

When might individual only have qualified title

A

Docs missing

78
Q

Statute + section on overriding interests

A

Schedule 3 LRA 2002

79
Q

For examples of unregistered overriding interests

A

Legal easements, equitable easements, leases for not more than 7 years and actual occupation

80
Q

Sale by who can overreach all beneficial interests as sole proprietor

A

Personal representative

81
Q

Who is pressured to pay premium for RC insurance

A

S

82
Q

What is a last resort if xo-owners cannot agree on e.g. transfer of equity

A

Court can force sale

83
Q

Question structure for title investigation

A

What is the issue?

Why is it an issue?

How can it be resolved?

84
Q

Where are the classes of title LR can give

A

S.9 LRA 2002

85
Q

Under what part of what statute can the LR upgrade class of title

A

62 LRA 2002

86
Q

What do you show to LR if PR carried out sale

A

Grant of Representation only

PLP (12 decks)

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