Deducing Title Flashcards
Which document is used to prove ownership of unregistered land?
A) Epitome of title
B) Title plan
C) Official copies of title
D) Proprietorship Register
A) Epitome of title
Explanation:
📌 In unregistered land, an epitome of title is a list of deeds proving ownership, unlike registered land, which relies on official copies.
Which of these is NOT a requirement for a valid root of title?
A) It must be at least 15 years old
B) It must be a trust document
C) It must transfer both legal and beneficial title
D) It must adequately describe the land
B) It must be a trust document
Explanation:
📌 A trust document only transfers beneficial ownership and does not transfer legal title, so it cannot be a root of title.
What is the greatest risk when dealing with unregistered land?
A) Defective or missing title deeds
B) The Land Registry rejecting registration
C) That it cannot be legally transferred
D) That it is automatically granted a possessory title
A) Defective or missing title deeds
Explanation:
📌 In unregistered land, missing deeds can lead to defects in ownership, making it harder to prove the seller has the right to sell.
What is required when unregistered land is transferred in 2024?
A) The seller must register it before selling
B) The buyer can choose whether or not to register it
C) It remains unregistered unless mortgaged
D) It must be registered upon completion
D) It must be registered upon completion
Explanation:
📌 Compulsory first registration applies when unregistered land is sold, meaning it must be registered after completion.
A buyer’s solicitor finds that one deed in the chain of title is missing.
What is the best course of action?
A) Ask the seller to confirm ownership in writing
B) Apply to the Land Registry for a new deed
C) Obtain indemnity insurance
D) Ignore it if all other documents are present
B) Obtain indemnity insurance
Explanation:
📌 Indemnity insurance protects the buyer from future legal disputes over the missing deed.
A solicitor is tracing the chain of title for unregistered land.
What is the main reason for this?
A) To confirm the seller has a legal right to sell
B) To check whether the land is subject to planning permission
C) To determine whether the land has historical value
D) To ensure the title plan is accurate
D) To ensure the title plan is accurate
Explanation:
📌 Tracing the chain of title ensures an accurate and complete ownership history, including verifying boundaries and title descriptions.
A buyer is investigating unregistered land.
Which of the following is the best root of title?
A) A trust deed from 20 years ago
B) A conveyance by sale 16 years ago
C) A handwritten agreement signed by the seller
D) A deed referring to an untraceable earlier document
B) A conveyance by sale 16 years ago
Explanation:
📌 A sale conveyance is best because it transfers both legal and beneficial ownership and likely had a title check when created.
The land description in the root of title is unclear, and the boundaries do not match expectations.
What should the solicitor do first?
A) Proceed and assume it is correct
B) Request the Land Registry to create a new title description
C) Conduct a site inspection and compare with local records
D) Ignore it unless the buyer complains
C) Conduct a site inspection and compare with local records
Explanation:
📌 A site inspection helps verify land boundaries, ensuring the buyer gets what they expect.
The buyer’s solicitor is reviewing the epitome of title.
Which document must always be included?
A) Expired planning permissions
B) Old search results
C) The root of title
D) A seller’s written statement confirming ownership
C) The root of title
Explanation:
📌 The root of title is the key document proving ownership and must be included in the epitome of title.
A seller of unregistered land refuses to provide an epitome of title.
What should the buyer’s solicitor do?
A) Refuse to proceed with the purchase
B) Ask the seller to register the land first
C) Proceed and obtain indemnity insurance
D) Apply to the Land Registry for a compulsory purchase order
A) Refuse to proceed with the purchase
Explanation:
📌 Without an epitome of title, the seller cannot prove ownership—the buyer should not complete the purchase.
