Analysing epitome of title Flashcards
simply, what is good root of title?
a document which proves ownership of unregistered land
what are the requirements for GROT?
o Shows who owns legal + equitable interest
o Contains description of the land
o Doesn’t cast doubt on S’s title
o At least 15 years old
what is typically the best GROT and why?
Conveyance (then legal mortgage) best as it effectively offers at least 30 years of searches.
This is because when the property was sold/mortgaged the buyer/lender would have investigated title for a minimum of 15 years.
how many GROTs are needed?
1
are documents older than GROT required?
Older docs not necessary unless they inc. 3rd party rights
what is the epitome of title? what form does it take?
schedule of docs from GROT to present. They should be numbered and in chronological order.
what does the buyer’s solicitor look for when checking EOT?
o Unbroken chain of ownership
o Consistent description of land
o Stamp duty paid
o Easements
o Encumbrances
o Check documents properly executed
what wording suggests an easement?
‘excepting and reserving’
what wording suggests an emcumbrance?
‘subject to’
what is needed if a proprietor has passed away?
grant of representation
what happens if stamp duty hasn’t been paid?
complex but in summary: if not paid proprietor would not have acquired legal title and defect in title which would pass to B
