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Property Practice > Investigation Of Title > Flashcards

Investigation Of Title Flashcards

1
Q

What is the most important document when deducing title for registered land?

A

Official copies

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2
Q

What registers are contained in the official copies?

A

Property register, Proprietorship register, Charges register

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3
Q

Who deduces title?

A

Sellers solicitor

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4
Q

Who investigates title?

A

Buyers solicitor

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5
Q

What are the purposes of investigating title?

A

Check that the seller has the legal right to sell the property, ensure the property is adequate for the buyer’s intended use, ensure that there are no title defects that could affect the value of the property or the ability to sell in future

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6
Q

What is included in the property register?

A

Property description - freehold or leasehold and address, Rights benefitting the property

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7
Q

What issues must be considered when there is a right of way benefitting the property?

A

Registration of the burden, Adequacy, Maintenance, Adoption

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8
Q

If a right of way is not registered against the servant land, what should be done?

A

A caution of first registration should be made

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9
Q

Does adequacy include both legally and physically adequate?

A

Yes

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10
Q

Is a person using a right of way obliged in common law to contribute to its maintenance?

A

Yes

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11
Q

What is an adopted highway?

A

Public highway maintainable by the local authority. If a private road is adopted, the owners are required to pay the cost of bringing it up to adoptable standard

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12
Q

What is shown in the proprietorship register?

A

The class of title, Price paid (if seller acquired land after April 2000), Indemnity covenant to observe positive covenants, Any restrictions on the registered proprietor’s right to sell the property

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13
Q

What does the class of title indicate?

A

How satisfied the land registry are with the registered proprietor’s proof of ownership to the property

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14
Q

What are the classes of title?

A

Title absolute (freehold or leasehold), Qualified title (freehold or leasehold), Possessory title (freehold or leasehold), Good leasehold title (leasehold only)

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15
Q

What is the best class of title?

A

Title absolute - there are no issues, they are the true and proper owner

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16
Q

What is a qualified title?

A

There is a specific defect in the title, e.g., a deed containing a covenant was missing on first registration

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17
Q

When is possessory title granted?

A

Registered proprietor has shown they have physical possession but no title deeds (squatters rights)

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18
Q

When is good leasehold title granted?

A

Leaseholder cannot provide evidence of the landlord’s title to the land (can be easily granted if the landlord’s title has been registered since the grant of the lease)

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19
Q

What should the buyer’s solicitor do if a property has qualified title, possessory title, or good leasehold title?

A

Report to their client and explain what it means, Check mortgage lender requirements (they may not accept inferior title classes), Consider and advise on obtaining title indemnity insurance, Upgrade to title absolute if missing documents can be located

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20
Q

When would the seller not be the registered proprietor?

A

Where the seller is the executor of the deceased estate

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21
Q

Who may the registered proprietor be?

A

An individual, a company, a limited liability partnership, any combination of the above (max of 4 legal persons)

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22
Q

Generally how many co-owners will be required to sign the contract and execute the purchase deed?

A

All of them

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23
Q

How should a buyer’s solicitor verify the details given of an LLP or Company?

A

Companies house search

24
Q

How is the legal title of a property always held by co-owners?

A

Joint tenants

25
Q

How can co-owners hold beneficial title?

A

Joint tenants OR tenants in common

26
Q

What form is used to make a declaration of trust when a property is owned by more than one owner?

A

TR1 form

27
Q

If property is held beneficially as tenants in common, where will a restriction appear?

A

On the proprietorship register

28
Q

What is needed when a beneficial tenant in common is selling a property after the death of another beneficial tenant in common?

A

A second trustee to sign the contract and execute the transfer deed with them

Death certificate of the deceased tenant in common

29
Q

What is needed when a joint tenant is selling a property after the death of another joint tenant?

A

The death certificate of the deceased joint tenant

30
Q

What is listed on the charges register?

A

Rights burdening the property - mortgage, covenants, easements and leases

31
Q

What is usually given to discharge a mortgage in favour of the lender on the charges register?

A

An undertaking

32
Q

How must a legal mortgage be created?

A

By deed

33
Q

Where will the lender usually require a restriction to be entered?

A

The proprietorship register - to prevent the mortgagor (the owner) from selling the property without the lender’s consent.

34
Q

What are the types of covenants that may appear on the charges register?

A

Restrictive, Positive, Unknown

35
Q

Are restrictive covenants binding on the property?

A

Yes

36
Q

What is needed for positive covenants to be binding?

A

An indemnity covenant on the proprietorship register

37
Q

What is an indemnity covenant?

A

A covenant given by the buyer to the seller to observe the positive covenant

38
Q

What is a good way to determine whether a covenant is restrictive or positive?

A

Hand in pocket test - does it require the buyer to spend money? If yes, then likely to be a positive covenant

39
Q

When will a chain of indemnity be broken?

A

If at any point, the land has been transferred, and the seller has neglected to obtain an indemnity covenant

40
Q

What are the buyer’s options for dealing with a covenant?

A

If the covenant has already been breached then the seller should provide indemnity policy at their expense. If it affects the value or the buyer’s proposed use then should check if insurance is available. No insurance available then ask for consent from the person with the benefit. No consent, consider land tribunal, reduction in price or withdrawing from purchase.

41
Q

Why should insurance be tried before approaching the person with the benefit when dealing with covenants?

A

Insurers usually require that no contact has been made with the PWB

42
Q

Why is an application to the land tribunal to discharge the covenant not usually a practical option?

A

Costly and timely

43
Q

What is needed when deducing title of unregistered land?

A

Epitome of title

44
Q

Who holds deeds and documents for unregistered land?

A

The owner or their mortgage lender

45
Q

What is the most important document to identify for unregistered land?

A

The root of title

46
Q

What are the 4 requirements for a good root of title?

A

Dated more than 15 years old, Deals with both legal and beneficial title, Adequately describes the land being conveyed (usually by a scale plan), The conveyance does not cast doubt on the seller’s title

47
Q

Why is a chain of title needed?

A

Show the seller has a right to sell the property

48
Q

When would deeds prior to the root of title need to be included in an epitome of title?

A

When they contain covenants or easements that are referred to in the root of title

49
Q

What documents should be included in the epitome of title?

A

Root of title, The power of attorney under which the root of title or any deed in the chain has been executed, Death certificate, for transfers of ownership by death, Grant of representation if property has passed under a will or intestacy, Any mortgage created after the root of title even if discharged

50
Q

What documents are not needed for an epitome of title?

A

Documents that only affect the beneficial interest (e.g. trust deeds), Expired leases, Land charges searches (may be proved to help buyer’s solicitor), Planning permission, old local searches, plans etc.

51
Q

What should the buyer’s solicitor do if the root of title falls after the date of Compulsory first registration?

A

Ask the seller to register the property before proceeding with the purchase

52
Q

What is needed for a deed to be validly executed under common law?

A

Clear that it intended to be a deed, Signed, Sealed, Delivered as a deed

53
Q

What is not needed for a deed under the Law of Property (Miscellaneous Provisions) Act 1989?

A

No longer needs to be sealed

54
Q

What else does each conveyance in the chain of title need besides being validly executed?

A

Must be correctly stamped - shows that the correct amount of stamp duty has been paid.

55
Q

How should land charges register search be carried out?

A

Against each owner of the land in the chain of title, by name of the individual or Company and their years of ownership.

56
Q

When did the land charges register start?

A

1926, therefore when carrying out appropriate searches for unregistered land only search back till then.

Property Practice (9 decks)

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