deducing unregistered title Flashcards

1
Q

what is a good root of title

A
  1. be dated more than 15 years ago; 2. deal with both legal & beneficial title;
  2. adequately describe extent of the land;
  3. not cast doubt on seller’s title [ABCD]
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2
Q

what are the documents needed

A

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

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3
Q

when should a purchase be dated to be unregistered?

A

1/12/1990 and if not would be queried for why it hasn’t been registered

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4
Q

what documents are not needed for root of title

A

Docs that only affect the beneficial interest, expired leases, land charges searches

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5
Q

when should assents be dated to be unregistered?

A

1/4/1998 and if not would be queried for why it hasn’t been registered

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6
Q

what is the best root of title

A

A legal mortgage deed/sale conveyance is best root of title (usually most recent) = preferable

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7
Q
A
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