1. Title Investigation Flashcards
What does court consider before it forces sale between xo-owners
Factors under s.15, e.g. original purpose of the trust
What is the presumption for Ps holding property for partnership - how do they hold
TiC
Two ways to find actual occupation
CPSE + physical inspection
What two SRA CoC does reporting to buyer fulfil
O(4.2) and O(1.12)
If rights are annexed to the register, what will S need to do
Get a copy from S/LR
Advising on adequacy for easement why
To ensure adequate for Bs purposes, e.g. restricted to on foot?
Why is the Upper Tribunal a last resort for remedying past breach of RC
Costly and time-consuming and not guaranteed the result you want
Three options if past breach of RC w/o consent
Insurance, PWB consent, or Upper Tribunal
How does a right of light come into existence
Deed or prescription
What are the title docs
OC + title plan + copies of docs not extracted on C
Options for future breach of RC
All three, but insurance likely to be prohibitively expense bc unquantifiable risk
What to do if no past history of maintenance to RoW
Ask PWB for how much
Evidence for LR if sale by JT w/o all original JTs
Certified copy of death certificate
Why is it an issue if easement to be adopted
Costly to put into adoptable standard
How can court force sale
Under s.14 TOLATA
What kind of sewers are statutory responsibility
Serving more than 1 property + lateral drains
If RoW not registered on servant land, what should happen
Make it a condition of sale
What does the Property Reg sho
Extent of property + rights benefitting the property
How do you check if easement registered
SIM to see if reg, then OC, or caution against 1st reg
O(1.12) on
Helping client to make informed decision
How does Property Reg show extent of property
By ref to title plan
What ensures positive covenants do effectively run w/ the land and why
SCPC 7.6.5 indemnity covenant if S gave one
What must person in actual occupation do
Sign Declaration of waiver + agree to vacate, w/ independent legal advice
When can individual bring action in nuisance if easement in their favour
If right substantially interfered w/
When must a right of light be expressly excluded
Sale of part
O(4.2) on
Disclosure
How must C be signed + PD executed if TiC
All alive must sign + execute
What should S advise on if Property Reg shows easement
Maintenance, Adequacy, Adoption and Reg
When does a restrictive covenant run with the land
If Tulk v Moxhay complied w/ + registered
Disclosure SRA
O(4.2)
Two things contained in Proprietorship Reg
Class of title and how parties hold the title (if two or more owners)
Regulation issue for insurance on past breach of RC
General prohibition under s.19 triggered if advising on merits of insurance policy
What happens if loss caused by mistake in LR
LA will indemnify
What can parties agree if one coowner wishes to leave property, and other wishes to remain
Transfer of equity
Under what statute can the Upper Tribunal (Lands Chamber) discharge or modify restrictive covenants
s.84 LPA ‘25
How do you search for if easement to be adopted
CON29
Ratio of Tulk v Moxhay
RCs must ‘touch and concern’ the land
Options for remedying positive covenants
S to remedy, or insurance/PWB consent
Why advise on maintenance for easement
B will have to contribute under CL
How can an inadequate easement be amended
By Deed of Variation
Four ways to ascertain past breach of RC
LLC1, CON29, OC and CPSE
How will court order proceeds to be split when forced sale under s.14 TOLATA
Equal if JT, or in accordance w/ deed of trust if TiC
Why is title investigation carried out before exchange
to check for defects
When does a legal easement unregistered NOT bind B
If by deed, bc should be registered in CR
What evidence does LR require if sale by TiC w/o all TiCs
Certified copy of death certificate, and DoA of 2T if relevant
How is a personal rep appointed
In will
If there is a mortgage over the property + proposed transfer of equity, what must happen
Mortgagee would have to consent
What can PWB do for breach of RC
Apply for injunction, or get damages in lieu
If sale by personal rep, what will B + LR check
Official copy of GoR ONLY
What kind of covenant does not run w/ the land
Positive
What additional interests not registered on charges register bind B
Overriding interests
Two other examples of rights that may be under PropReg
Right to lay pipes + right of light
What is registered on Charges Reg
Interests reg
What is the most common right under Property Reg
Easements
Which option for remedying past breach of RC is ALWAYS after insurance
PWB consent, bc invalidated insurance policy
Two possible remedies from action in nuisance
Injunction or damages
What happens if only one TiC left + sale
Must appoint 2T by Deed of Appointment
When does an equitable easement bind B
If created before Oct 2003 + openly enjoyed
Where are the overriding interests for registered land
Schedule 3 LRA 2002
How does personal rep get power to sell deceased’s assets
Grant of Representation
How does a mortgagee protect its interest in the property as security
Register charge in charges register + restriction in Proprietorship Register
When would you go to Upper Tribunal for past breach of RC
PWB absent or unreasonable
Helping client to make informed decision SRA
O(1.12)
What happens if parties held as JT and only one left
Survivorship means individual can sell
Why is 2T needed if TiC and only one left
To overreach deceased’s interest
When is consent needed from a mortgagee for sale
if sale of part
What can happen if qualified title but docs found
Can upgrade to TA
Part of what statute on class of title
s.9 - 10 LRA
When is injunction for PWB for breach of RC unlikely
If they waited
If past breach of RC found, what is S asked
If consent obtained (w/ copy)
Four kinds of class of title
TA, qualified, possessory and good leasehold
When is a restriction entered into proprietorship reg, if two or more owners
If they hold as TiC
What option is not available for remedying positive covenants
Upper Tribunal
How do you check maintenance for easement
Ask for usually 3 year history, but can be ad hoc
When will damages in lieu of injunction be likely
Infringement small + quantifiable
Lease of what duration overrides and binds B
Not more than 7 years
When might individual only have qualified title
Docs missing
Statute + section on overriding interests
Schedule 3 LRA 2002
For examples of unregistered overriding interests
Legal easements, equitable easements, leases for not more than 7 years and actual occupation
Sale by who can overreach all beneficial interests as sole proprietor
Personal representative
Who is pressured to pay premium for RC insurance
S
What is a last resort if xo-owners cannot agree on e.g. transfer of equity
Court can force sale
Question structure for title investigation
What is the issue?
Why is it an issue?
How can it be resolved?
Where are the classes of title LR can give
S.9 LRA 2002
Under what part of what statute can the LR upgrade class of title
62 LRA 2002
What do you show to LR if PR carried out sale
Grant of Representation only
