Deducing Title - Unregistered Land Flashcards
What must be done if unregistered land is sold / gifted?
Any land sold or gifted must become registered
Who is responsible for investigating unregistered title?
The buyer
What is title shown on unregistered land?
On epitome of title
Where do you find description of property, benefits and/or burdens?
Can be found amongst multiple documents
What shows the extent of property?
Will have to track the first title document
What happens if originals of relevant deeds are missing?
May cause issues
How long does First Registration take at Land Registry?
Could take months
What is deducing unregistered title?
Examining the bundle of deeds and documents for the property
Who would likely hold the deeds and documents in unregistered land?
Likely the owner, or the mortgage lender
What is the epitome of title?
A list of deeds which are relevant
Who prepares the epitome of title?
The seller’s solicitor
Are copies or originals listed to the buyer’s solicitor?
Copies of the originals, with an undertaking that the originals will be provided on completion
What is the most important document in deducing the title?
The root of title
What is a root of title?
A deed that can be relied on for proving the title
What are the requirements of a good root of title?
1) 15+ years old
2) Deals with legal and beneficial title
3) Describes the extent of the land
4) Does not cast doubt on seller’s title
What is the best deed for deducing title? Why?
A sale conveyance or legal mortgage – assumption that title was investigated for 15 years so will give 30 years title
When would a scale plan of the property not be needed?
If it is a residential address, and neighbouring properties have identical footprints with clear boundaries
What is not good title in terms of legal and beneficial title?
A conveyance that deals with ‘bare legal title’ or ‘legal title only’
What is an example of casting doubt on the seller’s title?
A conveyance executed under a power of attorney – and unclear whether this is still in force
Are deeds after the root of title included in epitome of title?
Not necessary
Are deeds prior to root of title included in epitome of title?
Only if they contain covenants / easements that are referred to in root of title
What other documents may be included in epitome of title?
1) Power of attorney under which root title has been executed
2) Death certificate if grant of representation
3) Any mortgages created after root title, even if discharged
What documents are not needed in the epitome of title?
1) Documents that only affect beneficial interest
2) Expired leases
3) Land charges searches
4) Deeds that contain planning permissions, etc
