deducing unregistered title Flashcards
what is a good root of title
- be dated more than 15 years ago; 2. deal with both legal & beneficial title;
- adequately describe extent of the land;
- not cast doubt on seller’s title [ABCD]
what are the documents needed
Power of attorney under which the root of title/any deed in the chain has been executed; a death certificate for transfers of ownership if passed by survivorship
OR
grant of representation and assent if passed by will/intestacy and any mortgages created after root of title, even if discharged
when should a purchase be dated to be unregistered?
1/12/1990 and if not would be queried for why it hasn’t been registered
what documents are not needed for root of title
Docs that only affect the beneficial interest, expired leases, land charges searches
when should assents be dated to be unregistered?
1/4/1998 and if not would be queried for why it hasn’t been registered
what is the best root of title
A legal mortgage deed/sale conveyance is best root of title (usually most recent) = preferable