3. Principles of Unregistered Title to Land Flashcards
What does it mean when a seller deduces title to the buyer?
They prove that they own the land they are contracting to sell
What is the traditional way of deducing title?
Producing documents commencing with a good root of title demonstrating an unbroken chain of ownership for a minimum of 15 years
What are the four main documents that would make up unregistered title?
- Conveyance on sale
- Deed of gift
- Mortgage deed
- Assent
What are the four requirements of a good root of title?
- At least 15 years old
- Deal with the whole legal and equitable interest in the property
- Contain adequate description of the property
- Do nothing to cast doubt on title
What is the epitome of title?
**A chronological list of all the relevant title documents, together with a copy of each
What is a requisition?
A query made by buyer’s solicitor regarding title before exchange of contracts
When does title to unregistered land pass?
Completion
When purchasing land with an unregistered title, which two interest will bind the buyer under what circumstances?
- Any legal interest over the estate, whether or not they were aware, and
- Any equitable interest of which they have notice
How are legal interests generally discovered?
Investigating the title, carrying out conveyancing searches, and/or inspecting the property.
What must a buyer have to be bound by equitable interests?
A buyer will be bound by equitable interests only if
they have notice of them
What is required for most equitable rights and interests to be enforceable against subsequent buyers?
Registration with Land Charges Department of HM Land Registry
What are the two Class C land charges relevant to the SQE?
- C(i): Puisne mortgage, i.e. a mortgage not protected by deposit of title deeds, e.g. a second legal charge
- C(iv): Estate contract, e.g. a contract to purchase
What are the two Class D land charges relevant to the SQE?
- D(ii): Restrictive covenant
- D(iii): Equitable easement
What is the relevance of registration of these land charges?
They constitute notice of the equitable interest
What does a Class F land charge protect?
A non-owning spouse’s statutory right of occupation in the matrimonial home