Deduction & investigation of title

Question 1

explain T’s rights in regard to deduction of title

Answer 1

T does not have a legal right to demand LL deduce FH title unless the lease/sub-lease being granted is for more than 7 years

Question 1

what can T do if the FH is registered?

Answer 1

obtain the official copies from HMLR if under the Open Register Rules

Question 2

what a lease is being granted and the FH is registered, what must T’s solicitor do?

Answer 2

check incumbrances on FH title

Question 3

when a lease is being granted and the FH is unregistered, what impact might this have?

Answer 3

might not get absolute LH title upon 1st registration of lease

Question 4

when an underlease is being granted, what does T’s solicitor need to do if the headlease is registered with absolute leasehold title?

Answer 4

no need to investigate FH title. The fact the headlease was registered with absolute leasehold title means the FH title is sound.

T’s solicitor only needs to review headlease + headlease title only.

Question 5

when an underlease is being granted, what rights does T have where the headlease is unregistered?

Answer 5

T is not entitled to call for deduction of FH title, but they are entitled to:
o the headlease +
o all assignments under the headlease over the last 15 yrs

Question 6

what is a lease?

Answer 6

where the lease is being carved from FH title

Question 7

what is an underlease/sub-lease?

Answer 7

where the underlease/sub-lease being carved from an existing lease