Investigation Of Title

Question 1

What should a seller provide to evidence to title to registered land?

Answer 1

Official copies that less than 6 months old (at their own expense).

Question 2

What is contained in the property register?

Answer 2

Description of land by reference to postal address and the title plan and indicate whether title is freehold or leasehold as well as any easements that benefit the land.

Question 3

What is contained in the proprietorship register?

Answer 3

Current owners and their address and class of title, whether owners gave an indemnity covenant, whether any restrictions have been given by third parties to protect their interests.

Question 4

What is contained in the charges register?

Answer 4

Covenants affecting the property
Easements affecting the land
Charges over the land
Leases granted
Notices registered by third parties

Question 5

What is good root of title?

Answer 5

• Deal with or show who owns the entire interest that is being sold by the current owner
• contain a recognisable description of the relevant land
• do nothing to cast doubt on the seller’s title
• be at least 15 years old

Once identified any older documents can be ignored, unless the root refers back to a third party right created in an earlier conveyance.

Question 6

Checking each title deed in the epitome of title

Answer 6

• the chain of ownership (unbroken). If owner has died then the grant of probate must be produced.
• description of the land
• stamp duties
• incumbrances
• execution (as a deed)
• land charges searches

Question 7

Who executes a conveyance?

Answer 7

A seller. The buyer will only execute if they are giving a new covenant or holding the land in trust.

Question 8

What should be registered as a land charge at the central Land Charges Department?

Answer 8

• an estate contract
• a restrictive covenant
• an equitable easement
• home right

Registered against the owner and therefore searches should be made against each owner in the epitome of title on form K15. If you cannot tell when the owner acquired the property then you need to search back to 1926.

Question 9

Halsall v Brizell

Answer 9

One may not take the benefit without taking the burden that goes with it.

Question 10

Assumption of joint tenancy

Answer 10

It can be assumed that the equitable interest is held as a joint tenancy unless a restriction appears in the property register.

Question 11

What happens if a co-owner has died?

Answer 11

Seller’s solicitor must obtain death certificate. In registered land, the buyer’s solicitor can assume that the equitable interest was not severed prior to death, if no restriction appears on the property register and the co-owner can transfer the property alone. In unregistered land, the buyer will not be able to assume the joint tenancy was severed unless:

• there is no memorandum of severance
• there are no bankruptcy proceedings registered against either of the joint tenants
• the transfer by the surviving joint owner contains a statement that the survivor is solely and beneficially entitled to the land

Question 12

How can an interest of a deceased co-owner that owns the equitable interest as TIC be overreached?

Answer 12

appointment of second trustee and payment of PP to at least two trustees upon completion

Unless the interest has been passed by the other co-owner by will or intestacy rules. In which case this can be proved by producing certified copies of the grant of probate and the assent from PRs

Question 13

Restrictive covenants

Answer 13

For registered land they will appear in charges register. Only binding in unregistered land if they have been registered as a D(ii) Land Charge.