Deducing and Investigating Title Flashcards
What is the meaning of deducing title in registered land transactions?
A) The buyer’s solicitor checks the seller’s right to sell
B) The Land Registry confirms the title is free from defects
C) The mortgage lender verifies the borrower’s ownership
D) The seller’s solicitor proves ownership to the buyer
D) The seller’s solicitor proves ownership to the buyer
Explanation:
📌 Deducing title means the seller’s solicitor provides evidence that they legally own the property and can sell it. This is done through Land Registry documents.
The Land Registry official copies contain three key sections. What are they?
A) Ownership Register, Land Charges Register, Freehold Register
B) Title Register, Boundary Register, Covenants Register
C) Landowner’s Register, Mortgage Register, Restrictive Covenants Register
D) Proprietorship Register, Property Register, Charges Register
D) Proprietorship Register, Property Register, Charges Register
Explanation:
📌 Land Registry Official Copies include:
Property Register (property details and beneficial rights).
Proprietorship Register (ownership details and restrictions).
Charges Register (mortgages, easements, and other burdens).
A seller’s solicitor provides official copies of the register, but the seller’s name does not match the registered proprietor’s name.
What should the buyer’s solicitor do next?
A) Request additional proof of ownership before proceeding
B) Proceed with the purchase as long as the seller has lived there for 5+ years
C) Ignore the discrepancy if the seller provides a signed contract
D) Transfer the property without any further checks
A) Request additional proof of ownership before proceeding
Explanation:
📌 If the seller’s name does not match the Proprietorship Register, they may not have the legal right to sell. The buyer’s solicitor must investigate further before proceeding.
A buyer’s solicitor reviews the Charges Register and finds a mortgage registered against the property.
What must happen before the buyer completes the purchase?
A) The mortgage must be repaid or removed before completion
B) The buyer can ignore the mortgage if they pay in cash
C) The seller must renegotiate the mortgage terms
D) The buyer must take over the seller’s mortgage
A) The mortgage must be repaid or removed before completion
Explanation:
📌 A registered mortgage is a legal burden. The seller must clear the mortgage or the lender must consent to its transfer before the buyer can obtain a clean title.
A buyer’s solicitor discovers an easement (right of way) affecting the property in the Property Register.
What is the best course of action?
A) Request indemnity insurance to protect against future disputes
B) Ignore it, as all easements automatically expire when the property is sold
C) Inform the buyer and check if it affects their planned use of the property
D) Cancel the purchase, as the seller is legally required to remove easements before selling
C) Inform the buyer and check if it affects their planned use of the property
Explanation:
📌 Some easements may not impact the buyer’s intended use, but others could restrict development or block access. The solicitor must advise the buyer accordingly.
A buyer’s solicitor investigates title and finds that the property has Possessory Title instead of Absolute Title.
What is the most appropriate step?
A) Advise the buyer to withdraw immediately
B) Proceed, but obtain indemnity insurance to cover potential risks
C) Ignore the issue, as all titles automatically become Absolute after 5 years
D) Transfer the title into the seller’s name first before proceeding
B) Proceed, but obtain indemnity insurance to cover potential risks
Explanation:
📌 Possessory Title means the ownership is not fully guaranteed. The buyer may still proceed if indemnity insurance is obtained to cover the risk of a future challenge.
