Freehold conveyancing process – (2) Investigating Title

Question 1

What is the primary aim of the buyer’s solicitor when investigating a registered title?

Answer 1

To identify technical points, encumbrances, and the class of the seller’s title.

Question 2

What are the three registers a solicitor examines at the Land Registry?

Answer 2

1. Property Register (address, type of estate, rights benefitting the land)
2. Proprietorship Register (class of title, who holds legal title)
3. Charges Register (records encumbrances and restrictions like mortgages).

Question 3

What does the Proprietorship Register indicate?

Answer 3

The class of title (absolute, possessory) and who holds legal title (maximum of 4 trustees must hold legal title as joint tenants).

Question 4

What is noted in the Charges Register?

Answer 4

Encumbrances and restrictions, such as mortgages and restrictive covenants. Not all registered titles will have a Charges Register, but most will.

Question 5

What is the buyer’s solicitor looking for when investigating an unregistered title?

Answer 5

Whether there has been a triggering event (e.g., conveyance or grant of first legal mortgage) requiring registration and ensuring the seller registers the land before sale.

Question 6

What does the epitome of title contain?

Answer 6

A chronological list of the documents of title with copies of the documents attached.

Question 7

What defines a good root of title?

Answer 7

It must go back at least 15 years, cover the whole legal and equitable interest in the property, contain an adequate description, and cast no doubt on the title.