2 - Title Investigation Registered Land Flashcards

1
Q

Which three types of register comprise the Official Copies of the Register?

A
  • Property Register: Describes the property and any rights benefiting the property (e.g., covenants or easements).
  • Proprietorship Register: Gives the registered proprietor’s (owner’s) name and address, and the class of title and entires affecting ownership.
  • Charges Register: Lists rights burdening the property (e.g., mortgage, covenants, easements and leases).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a class of title?

A

Definition: Indicates how satisfied the Land Registry is with the proof of ownership.

Importance: Affects the level of guarantee and compensation provided by the Land Registry.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What matters appear on the proprietorship register?

A
  • Class of title
  • Registered proprietor
  • Restrictions
  • Indemnity covenants
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the different classes of title?

A

Title Absolute: The best class, indicating no issues; the proprietor has fully satisfied the Land Registry.

Qualified Title: Indicates a specific defect in the title (e.g., missing deed).

**Possessory Title: **Granted when the proprietor has physical possession but lacks title deeds or is claiming through adverse possession.

Good Leasehold Title: Granted when the leaseholder cannot provide evidence of the landlord’s title; often upgradeable if the landlord’s title has since been registered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the issues with qualified, possessory, and good leasehold titles which the buyer’s solicitor must action?

A

Qualified Title: The solicitor should report it to the client, check mortgage lender’s requirements, consider title indemnity insurance, and explore upgrading to title absolute.

Possessory Title: The solicitor should report it to the client, check mortgage lender’s requirements, consider title indemnity insurance, and explore upgrading if documents are located.

Good Leasehold Title: The solicitor should report it to the client, check mortgage lender’s requirements, consider title indemnity insurance, and explore upgrading if the landlord’s title is registered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who is usually the registered proprietor and what are the exceptions to this?

A

The registered proprietor is typically the seller, which may include:
- An individual
- A company
- A limited liability partnership (LLP)
- A combination of up to four legal persons

Exceptions: The seller may be an executor of a deceased person’s estate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What details are recorded for different types of registered proprietors and how should these be verified?

A
  • Individual: Full name and address for service (ie, where correspondence and notices regarding the property should be sent).
  • Limited Liability Partnership (LLP): Name, number, and registered office address; solicitor to verify with Companies House.
  • Company: Name, company number, and registered office address; solicitor verify to with Companies House.
  • Co-owners: All co-owners generally must sign the contract and execute the purchase deed.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What other matters might appear on the proprietorship register?

A
  • Price Paid or Value: Recorded if the land was acquired on or after 1 April 2000.
  • Indemnity Covenant: Recorded if given to observe positive covenants.
  • Restrictions: Any restrictions on the registered proprietor’s right to sell the property.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the seller’s solicitor’s role pre-exchange in deducing registered title?

A

This takes place early on in the pre-exchange stage.

  • The seller deduces title by gathering title documents and ensuring that they are entitled to sell the property.
  • Answers pre-contract enquiries raised by the buyer.
  • Prepares the draft contract.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What steps must the buyer’s solicitor take pre-exchange in investigating registered title?

A
  • Investigates title by checking official copies of the Land Registry and related documents.
  • Orders and reviews pre-contract searches.
  • Raises pre-contract enquiries with the seller.
  • Reports on title to the buyer.
  • Handles the buyer’s mortgage.
  • Approves the draft contract.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the process of deducing registered title?

A

Deducing title is the process where the seller proves ownership of the property to the buyer, showing they have the legal right to sell.

The seller’s solicitor collects title documents, confirms the seller’s right to sell, and sends them to the buyer’s solicitor.

Title documents include:
- Land Registry official copies of the register.
- Land Registry title plan.
- Copies of any documents referred to in the official copies where the relevant rights have not been fully extracted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the components of the Land Registry official copies in registered title?

A

A. Property Register: Describes the property and rights benefiting it, such as covenants or easements.
B. Proprietorship Register: Lists the registered proprietor’s name and address, class of title, and entries affecting ownership.
C. Charges Register: Details rights burdening the property, like mortgages, covenants, easements, and leases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the difference between deducing title and investigating title?

A
  • The seller’s solicitor deduces title by proving ownership and sending documents to the buyer’s solicitor.
  • The buyer’s solicitor investigates title by verifying the seller’s right to sell, reviewing documents, and identifying any defects or issues.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is on the Property Register?

A
  • Property description: States whether the property is freehold or leasehold. Describes the property by address and reference to the title plan (usually ‘edged red’).
  • **Title plan: ** The buyer’s solicitor should send the buyer a copy to confirm it matches the buyer’s understanding of the property’s size and location.
  • Rights benefiting the property: Listed in the Property Register, either extracted (full text shown) or referred to in a filed document. The seller’s solicitor must provide copies of filed documents.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the difference between an extracted right and a right in a filed document?

A

Extracted Right: The full text of the right is shown in the Property Register. For example:
- “The land has the benefit of a right of way on foot only over land coloured blue on the filed plan. (01.09.1969)”
- No need to refer to another document.

Filed Document Right: The right is referred to, but not fully extracted. For example:
- “The land has the benefit of the right contained in a deed dated 13 February 1955. NOTE: Copy filed.”
- Requires referring to a separate document, which should be provided by the seller’s solicitor.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are common rights found in the Property Register?

A
  • Right of way: Needed if the property doesn’t have direct access to a public highway and must cross private land.
  • Rights to run services: Covers the right for gas, water, drains, electrical cables, etc., to pass over neighboring land if needed.
  • Right of light: Right to enjoy natural light passing over another’s land into a property’s window. This can be granted by deed or acquired by prescription (after 20 years of uninterrupted use).
  • Excluded rights: Rights not included in the sale, such as mineral rights under the land, which should be reported but usually aren’t a major concern.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the four issues to consider when a property has the benefit of a right of way?

A
  • Registration of the burden: The benefit must be registered on the Property Register. The burden (on the land over which the right passes) should also be registered on the charges register of the servient land to be enforceable. If it is not there, the sellers must register it.
  • Adequacy: Ensure the right is adequate for the intended use (e.g., a right of way for cars is unsuitable if lorries are needed) - a surveyor can check this. Physical adequacy, such as width for large vehicles, should also be checked. If the Right of Way is not adequate, the buyer can approach the person who owns the land on which the easement is based to request a deed of variation which the solicitors will negotiate (terms, price etc).
  • Maintenance: At common law, users of a right of way must contribute to its maintenance. Inspection and enquiries (CPSE’s, the seller is obliged to give us up to three years worth of information) should determine potential costs for the buyer.
  • Adoption: An adopted highway is maintained by the local authority – the process by which a private road is adopted by a local authority. If a private road is adopted, then the owners of properties that face on to the private road (‘frontagers’) are required to pay the costs of bringing the road up to adoptable standard.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is co-ownership?

A

Co-ownership occurs when a property is owned by more than one person.

A trust of land is created, often through a declaration of trust in the TR1 form, which informs the Land Registry how co-owners wish to hold the beneficial title.

The legal title is always held by co-owners as joint tenants. The beneficial title can be held either as joint tenants or tenants in common.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How do you check how the beneficial interest in land is held?

A
  • No restriction on the proprietorship register: Assume the co-owners hold the beneficial title as joint tenants.
  • Tenancy in common restriction on the proprietorship register: Assume the co-owners hold as tenants in common. Verify it is a tenancy in common restriction, not another type (e.g., a mortgage-related restriction). Note that co-owners can change their beneficial interest type (from joint tenants to tenants in common and vice versa) at any time.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a ‘tenants in common’ restriction?

A

A ‘tenants in common’ restriction prevents the Land Registry from registering certain dealings (e.g., sale by a sole owner, mortgaging) unless the terms of the restriction are complied with.

This ensures that beneficial interests are properly addressed before registration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How should you interpret a tenancy in common restriction on the proprietorship register?

A

If a tenancy in common restriction is present:

  • Assume the co-owners hold the beneficial interest as tenants in common.
  • Ensure it is a specific tenancy in common restriction, not another type.
  • Recognise that co-owners can change their beneficial interest type at any time.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What happens to the legal title when a joint proprietor dies?

A

The right of survivorship applies, meaning the deceased joint tenant’s interest automatically passes to the remaining co-owner(s).

The surviving joint proprietor takes the legal title to the property, and the Land Registry will register them as the sole legal owner.

If there is a tenancy in common restriction, it remains until the surviving owner proves full beneficial entitlement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What happens to the beneficial title when a joint tenant dies?

A

The right of survivorship applies. The surviving joint tenant automatically takes the deceased’s beneficial interest.

The Land Registry will register the surviving joint tenant as the sole legal owner, and there should be no restriction affecting the beneficial title.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What happens to the beneficial title when a tenant in common dies?

A

The right of survivorship does not apply. The surviving tenant in common only inherits their share.

The deceased’s share passes to their beneficiaries under their will or intestacy rules. The property itself is not physically divided, but there is a distinct share in the property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are the implications for title investigation when a co-owner dies?

A
  • The buyer’s solicitor must ensure both legal and beneficial titles are properly transferred.
  • All co-owners should sign the contract and execute the transfer deed if they are living.
  • A surviving beneficial joint tenant must sign and provide the deceased’s death certificate.
  • A surviving beneficial tenant in common must appoint a second trustee (often their solicitor) to sign and execute the transfer deed and provide the deceased’s death certificate.
  • The ‘tenants in common’ restriction requires that the property is transferred by at least two trustees to overreach the beneficial interests and ensure the buyer takes the property free from any beneficial claims. The second trustee helps in complying with this requirement and ensuring the transfer is valid.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is overreaching in the context of co-ownership?

A

Overreaching is the process of transferring the beneficial interests in land to the money paid by the buyer.

This means the land is freed from beneficial interests, and the buyer does not need to concern themselves with these interests.

The Land Registry restriction ensures this process is followed.

27
Q

What interests burden a property and are found on the charges register?

A
  • Mortgage in favour of a lender: Typically, an undertaking is given on completion to discharge this so the buyer takes the property free of mortgage.
  • Leases: Expected from the agent’s property description but must always be reported, including their terms.
  • Easements: Includes rights of way, rights of light, and rights of service media (e.g., pipes, cables). These should be reported to the client.
  • Covenants (restrictive or positive): Listed in the charges register, indicating the burden on the property. These must be reported to the client with advice on appropriate actions.
28
Q

How is a mortgage registered, inc example?

A

Creation: A legal mortgage must be created by deed.

Charges Register: A legal mortgage must be entered in the charges register for the lender (mortgagee) to have a legal interest. A buyer would otherwise take the property free of the mortgage.

Restriction in the Proprietorship Register: The lender usually requires a restriction to prevent the owner (mortgagor) from selling the property without the lender’s consent.

29
Q

What does a mortgage entry on the proprietorship register include?

A

Proprietorship Register: Contains details about the class of title and entries affecting the right of disposal.

Example:
“Title absolute”

“Proprietor(s): DEAN FISHER and TANYA FISHER of 22 Simpson Street, Redminster, RD2 8QP.”

“RESTRICTION: Except under an order of the Registrar, no disposition by the proprietor of the land is to be registered without the consent of the proprietor of the charge dated 17 June 2005 in favour of Redminster Building Society referred to in the Charges Register.”

30
Q

What does a mortgage entry on the charges register include?

A

Charges Register: Contains details about charges and matters affecting the land.

Each mortgage usually takes two entries in the charges register, the first is the date of the mortgage, and the second is the name and address of the mortgagee.

Example:
“REGISTERED CHARGE dated 17 June 2005 registered on 1 July 2005 to secure the monies including the further advances therein mentioned.”
“Proprietor: Redminster Building Society of 28 High Street, Redminster RD6 9AR.”

31
Q

How should a mortgage be dealt with during a property transaction?

A
  • Check Early: Ensure the seller has sufficient funds to clear the mortgage.
  • Contract Term: Ensure it is a term of the contract that the mortgage will be redeemed on completion. This must be checked before exchange.
  • Undertaking (a binding promise, you must do what you promise to do): Obtain an appropriate undertaking from the seller’s solicitor to do the things they need to do for the lender to redeem the mortgage from the proceeds of sale on completion.
  • The solicitor must undertake to send evidence to the buyer and their solicitors that the mortgage has been redeemed. (a DS1).
32
Q

What does it mean if covenants appear on the charges register?

A

If covenants appear on the charges register, it indicates the property is burdened by those covenants.

Covenants can be restrictive, positive, or unknown.

Issues for the buyer include:
- The existing or proposed use of the land may breach a covenant.

33
Q

What is a restrictive covenant + example on the charges register?

A

Restrictive covenants limit the use of the property and bind successors in title.

Example:
- “A covenant… not to make any external alterations whatsoever to the premises without the written consent of the Vendor.”
- This is binding even if the original conveyance is not provided.

34
Q

What is a positive covenant are they on any register?

A

Positive covenants require action or expenditure (e.g., maintenance).

Example on the Charges Register:
“A covenant to build and maintain a fence or wall along the northern boundary.”

Such covenants are personal and typically do not bind successors unless an indemnity covenant exists. They do not run with the land.

35
Q

What is the chain of indemnity, and how far will the chain go?

A

Chain of indemnity: If a positive covenant is breached, the original owner can sue the current owner, provided a chain of indemnity exists.

If at any point a seller fails to obtain an indemnity covenant from the buyer, the chain breaks.

The chain only extends as far as the last indemnity covenant provided.

36
Q

How is an indemnity covenant recorded in the proprietorship register?

A

An indemnity covenant appears on the proprietorship register, indicating that the buyer is bound to observe the positive covenants.

Example:
“The Transfer to the Proprietors contains a covenant to observe and perform the covenants referred to in the charges register and of indemnity in respect thereof.”

37
Q

What are unknown covenants, and an example from the charges register?

A

Unknown covenants could be either restrictive or positive.

Example:
“A conveyance of the land… contains covenants, but neither the original conveyance nor a certified copy… was produced.”

The Land Registry may still reference such covenants if other title documents mention them.

38
Q

What are the buyer’s options for dealing with covenants?

A
  • Indemnity insurance: Often the simplest solution if the land’s current use breaches a covenant.

While approaching the PWB may be an option, insurance should be tried first, as insurers usually require that no contact has been made with the PWB. If the person owning the land with the benefit of the covenant has already been approached, insurance is no longer an option.

It is harder to get insurance for future/planned breaches. If the seller before did not breach the covenant, it is harder for buyer to get this.

  • Approaching the person with benefit (PWB): Consent to the breach may be sought but could be difficult to identify or trace the PWB and they may refuse or require payment.
  • Application to the Upper Tribunal (Lands Chamber): Possible to make an application to discharge or modify the covenant, if it meets certain grounds, but this is costly and time-consuming.

If the proposed use breaches a covenant, it may be harder to get insurance.

39
Q

What is the best remedy for a future breach by the buyer of a binding positive covenant?

A
  1. Insurance against the PWB claiming loss caused by the breach.
  2. Approaching the PWB for consent to breach the covenant.

The Upper Tribunal (Land Chambers) is not available for positive covenants (s.84 LPA 1925).

40
Q

What is unregistered land?

A
  • Land where ownership has not been registered with the Land Registry.
  • The title to the property is proven by deeds and documents rather than an official title.
  • Investigating title for unregistered land involves reviewing these historical documents.
41
Q

What is compulsory first registration and why does it exist?

A
  • Compulsory first registration is triggered when the land is sold, gifted, or mortgaged.
  • It ensures all property dealings are recorded by the Land Registry.
  • Unregistered land still exists because some properties have not been sold or dealt with since the introduction of compulsory registration.
  • The process began in phases from 1926 and was fully implemented by 1998 for gifts.
42
Q

How does registered title compare to unregistered title?

A

Registered Title:
- Proven by official copies and a title plan.
- The title plan shows the extent of the property.
- Neatly categorises property, proprietorship, and charges.
- Quick process to change ownership (within weeks).

Unregistered Title:
- Proven by an epitome of title (a schedule of deeds/documents). The epitome contains copies of the title documents as well as a front sheet listing them.
- Property description and ownership may be spread over multiple documents.
- Must trace back to the first document defining the land.
- Original documents are crucial; missing documents cause issues.
- First registration can take months.

43
Q

What is an epitome of title?

A

An epitome is a set of copies of relevant title documents with a front sheet setting out details of the documents.

44
Q

What is the process for deducing unregistered title?

A
  • The seller’s solicitor examines and lists relevant title deeds/documents in the epitome of title.
  • Copies of these documents are provided to the buyer’s solicitor.
  • The seller’s solicitor must provide originals upon completion.
  • The most important document is the root of title, which proves ownership.
45
Q

What makes a good root of title?

A

The root of title means that the deed can be relied upon as proving the title.

A good root of title meets these requirements:
- Dated over 15 years ago, as the date for compulsory first registration is over 15 years.
- Deals with both legal and beneficial title: The conveyance should refer to the sellers being ‘seised in fee simple in possession’ and ‘agreeing to sell the same’ to the buyer ‘as beneficial owners’.
- Describes the land being conveyed - the conveyance will usually incorporate a scale plan..
- Does not cast doubt on the seller’s title.

Set out in section 44 of the Law of Property Act 1925.
Sale conveyances or mortgages are preferable to gifts, as they imply the title was properly investigated.

46
Q

What is the chain of title, and how is it established?

A
  • The seller’s solicitor identifies the root of title and ensures a clear chain of ownership up to the seller.
  • Only deeds relevant to the title (root of title and later documents) are included in the epitome.
  • Earlier deeds (before the root of title) are excluded unless they contain covenants or easements referenced in later documents.
47
Q

What additional documents should be included in the epitome of title, and which ones are not needed?

A

To Include:
- Powers of attorney used for executing deeds.
- Death certificates, marriage certificates, grants of representation, and assents for transfers after death.
- Any mortgages after the root of title, even if discharged.

Not Needed:
- Documents affecting only beneficial interest (e.g., trust deeds).
- Expired leases.
- Land Charges searches (may help the buyer’s solicitor but are not required).
- Planning permissions, local searches, and other non-title-related documents.

48
Q

What are the dates for compulsory first registration for 1) transfers of land for value and 2) transfers of land other than for value?

A

1 December 1990 for sales of land and 1 April 1998 for gifts.

49
Q

What are the aims of investigating unregistered title?

A
  • Ensure the seller has the legal right to sell.
  • Verify the property is suitable for the buyer’s use.
  • Check for title defects that may affect the property’s value or future sale.
  • Ensure the epitome of title is sufficient to register the property with title absolute at the Land Registry.

The buyer’s solicitor must check the root of title, the completeness of the chain of ownership (and the validity of the deeds within it), the extent of the land conveyed, and any rights benefiting or burdening the property.

50
Q

What preliminary check should the buyer’s solicitor conduct before investigating unregistered title?

A

Conduct an index map search (SIM) to reveal:
- Any registered titles within the property boundaries.
- Pending registration applications.
- Any caution against first registration, indicating a third party’s claimed right. This would need to be investigated further, as the person lodging the caution is claiming some right against the property.

51
Q

What should the buyer’s solicitor check about the root of title?

A
  • Must be dated more than 15 years ago.
  • Must deal with both legal and beneficial title.
  • Must describe the land adequately.
  • Should not cast doubt on the seller’s title.
  • Ensure it predates the relevant date for compulsory first registration.
52
Q

How does the buyer’s solicitor check the chain of title?

A
  • Confirm the chain of ownership is complete from the root of title to the seller.
  • Ensure deeds are validly executed and stamped.
  • Check for any necessary grant of representation if a buyer in the chain has died. E.g., if the buyer has died, the next deed may name the buyer’s personal representative as seller.
53
Q

What are the formalities for valid execution of deeds?

A
  • Under common law (for deeds unregistered pre-1990): Deeds must be sealed and signed. Sealed with wax or paper disc.
  • Under LP(MP)A 1989 (post-1990): Deeds need to be signed but no longer require sealing.
  • Must be clear it is intended to be a deed, signed in the presence of a witness who has also signed, and delivered as a deed. For a compny, two directors or one director and the company secretary must have signed.
  • Delivered as a deed – Delivering a deed means an acknowledgement that the person executing the deed intends to be bound by it. In practice this takes place by inserting the date.
54
Q

What is the requirement for stamping conveyances in unregistered title and how should solicitors check for this?

A
  • Each conveyance must be stamped, showing the correct ad valorem stamp duty was paid.
  • Transactions for value before 2003 were subject to stamp duty, and post-2003, Stamp Duty Land Tax (SDLT) applies.
  • Conveyances after 1931 should bear a “Particulars Delivered” stamp.

Solicitor checks:
- Ensure the conveyance is stamped with ad valorem duty or if not that it contains a certificate of value for non-chargeable transactions.
- Conveyances after 1931 should have a “Particulars Delivered” stamp.
- Missing stamp duty requires the seller to pay and provide proof at their own expense.

55
Q

What should the buyer’s solicitor check regarding the extent of the land conveyed?

A
  • Check if the root of title includes a plan or refers to a plan in a pre-root document.
  • Ensure consistency in the conveyances and division of land.
  • Sometimes a residential address may be sufficient if clearly identifiable.
56
Q

When does co-ownership become an issue in unregistered title?

A

Only if one co-owner has passed away, requiring the buyer’s solicitor to check if the seller has obtained the full beneficial title or is a surviving tenant in common.

57
Q

How can the buyer’s solicitor check if a surviving co-owner holds the beneficial interest?

A

Assume the seller is a beneficial joint tenant if:
- The conveyance states the seller is beneficially entitled to the whole of the property.
- No memorandum of severance, i.e., a note signed by the joint tenant, or one of them, converting their interests into a beneficial tenancy in common, written on to or attached to the conveyance to the seller.
- No bankruptcy order against the seller.

Otherwise, assume the seller is a tenant in common.

58
Q

What should be done if the seller is a surviving joint tenant or tenant in common?

A

Surviving joint tenant: Ask for a certified copy of the deceased joint tenant’s death certificate.

Surviving tenant in common: A second trustee must be appointed to overreach the beneficial interest of the deceased tenant in common (or their estate).

59
Q

What types of rights can be registered as land charges against unregistered land?

A

Some rights burdening the property will only bind unregistered land if they are registered at the Land Charges Department of the Land Registry.

The land charges register is only relevant to property interests over unregistered titles and is catalogued by the name of the individual or company.

C(i) – Puisne mortgage.
C(iv) – Estate contract.
D(ii) – Restrictive covenant.
D(iii) – Equitable easement.
F – Home right.

60
Q

How are land charge searches conducted for unregistered land?

A
  • An investigation of unregistered title is incomplete without appropriate searches of the Land Charges Department registers.
  • Searches are conducted by full name and years of ownership. Care needs to be taken over the possibility that names are spelt differently or middle names omitted.
  • Traditionally done using Form K15, but now often via the Land Registry online portal.
  • Search each previous owner of the land in the chain of title.
  • The search starts from 1926 when the register was created.
61
Q

How are mortgages handled in unregistered title?

A
  • Ensure the mortgage is discharged on completion.
  • The mortgage deed should be listed on the epitome of title. If a mortgage has been repaid, check for a vacating receipt. If there is a vacating receipt, then the mortgage has been repaid and is not of concern.
  • First legal mortgages are not registrable as land charges, because the mortgage lender will not release the original deeds until the mortgage has been repaid. This offers sufficient protection.
  • Puisne mortgages (second or third mortgages) are protected by a C(i) charge.
62
Q

How are rights benefiting and burdening unregistered land identified?

A
  • Review the deeds for covenants, easements, and leases.
  • Ensure earlier deeds are included if the root of title refers to them.
  • If the root of title refers to covenants or easements in an earlier deed, then this deed should be provided in the epitome of title. Otherwise, the buyer’s solicitor is not entitled to see earlier deeds (even if they do contain covenants or easements)
63
Q

How are covenants treated in unregistered land?

A
  • Positive covenants only bind if there is a chain of indemnity covenants.
  • Restrictive covenants bind if registered as D(ii) land charges.
  • Unknown covenants may arise from missing deeds, requiring indemnity insurance. This should be raised with the seller, and if necessary indemnity insurance taken out, and reported to the buyer and the lender.
64
Q

What other interests should be considered in unregistered title?

A
  • Legal easements are apparent from the epitome or if acquired by prescription, by inspection.
  • Estate contracts can be protected as C(iv) land charges.
  • Leases not ended should be included in the epitome of title.
  • Home rights protect a spouse’s or civil partner’s right to occupy the home.