1 - Title investigation, Searches and Standard Enquiries

Question 1

Which register do mortgages appear in?

Answer 1

Charges Register

Usually the restriction is on the Proprietorship Register too

Question 2

In which register are restrictive/positive covenants?

Answer 2

Charges Register

Question 3

In which register are indemnity covenants?

Answer 3

Proprietorship Register

Question 4

What are overriding interests and in which register can I find them?

Answer 4

Overriding interests are burdens that bind the purchaser but NOT on the Charges Register.

Must ask the seller questions and physically inspect the property.

Question 5

What do we do if there is a person in actual occupation who is not the owner?
(e.g. Mike the security guard living at Elton Hall)

Answer 5

Get the occupier to sign a waiver of his rights and agree to leave the property on/before completion

Question 6

What do I need to consider about a right of way?

Answer 6

• adequate?
• maintenance (costs)
• adoption by LA (costs)
• registration (need for caution against first registration if not registered)

Question 7

In what way are positive covenants enforceable?

Answer 7

Indemnity covenant in Proprietorship register - SCPC 7.6.5 requires buyer to join indemnity chain

Question 8

In what way are restrictive covenants enforceable?

Answer 8

Run with the land = automatically binding on buyer (Tulk v Moxhay)

Question 9

What is the concern of a continuing past breach of restrictive covenant?

Answer 9

The buyer will become liable once they become owner