Conveyancing in Action 2

Question 1

CiA2

SCS SC4 States what must be included in Proof of Title

3

Answer 1

1. Official Copies of the Register of Title
2. Official Copies of the Title Plan
3. Copies of any docs referred to in the Register

Question 2

CiA2

Seller under a Duty to Disclose “latent” defects to Buyer- what are these?

1

Answer 2

Not apparent via inspection- e.g. neighbour dispute, restricice covenant

Question 3

CiA2

Seller under no Duty to Disclose “Patent” defects- what are these?

1

Answer 3

A defect discoverable by inspection- e.g. RoW that can be seen

Question 4

CiA2

Standard Conditons of Sale Notable Clauses

3

Answer 4

SCS 2- Deposit
SCS4- time limit(s) for investigating title
SCS6- completion, timings and mechanics
SCS7- remedies for breach, late completion and errors/omissions

Special Conditon 7- Occupiers Consent

Question 5

CiA2

HMLR Class of Title

1

Answer 5

A state gurantee of quality of title when first registered at HMLR

Question 6

CiA2

Title Guarantee

1

Answer 6

Implied Covenants by the Seller either (1) Full or (2) Limited

Question 7

CiA2

Full Title Guarantee

1

Answer 7

Seller has right to dispose of property and its free of undisclosed charges or adverse interests

Question 8

CiA2

Limited Title Guarantee

1

Answer 8

No guarantee the property is free from charges or adverse interests

Question 9

CiA2

Deposit held as Agent

1

Answer 9

Seller CVA can release the deposit to the Seller to use for any purpose

Question 10

CiA2

Deposit held as Stakeholder

1

Answer 10

Seller CVA holds the deposit until completion

Question 11

CiA2

SCS 2.2.5

1

(Deposit related)

Answer 11

Seller CVA holds as agent <insofar></insofar>