Deducing and Investigating Title Flashcards
When does deducing and investigating title take place?
At Pre-Exchange Stage
What does deducing title mean?
Deducing title means process of proving ownership to a would-be-buyer
How do you deduce registered title?
Checking title documents
What are the title documents?
• Land Registry official copies of register
• Land Registry title plan
• Copies of any documents referred to, where rights not already extracted in the official copies of the register
What are the official copies and what do they show?
- Property Register – Describes property with any rights (e.g. covenants, easements)
- Proprietorship Register – Gives registered proprietor details, and class of title and any entries affecting ownership
- Charges Register – Lists rights burdening the property (e.g., mortgage, covenants, easements and leases)
What is the aim in investigating title?
• Check seller has legal right to sell
• Ensure property adequate for intended use
• Ensure no title defects that could affect value
Who deduces and who investigates?
Seller deduces, buyer investigates