Investigation Of Title Flashcards
What is investigation of title?
Who owns the property and whether there are any rights or rules which could affect the owners use and enjoyment of it.
What is on the property register?
Description of the land by reference to the postal address and the title plan, also indicated whether the title is freehold or leasehold and shows any easements
What does the proprietorship register show?
Identifies the current owners and their address.
Also identifies the class of title:
Absolute
Possessory
Qualified
Who has absolute title?
Registered proprietor has vested in them the legal estate subject only to the entries on the register.
Who has possessory title?
Proprietor is in possession of the property but has lost the title deeds
Who has qualified title?
Where there is a specific identified defect which the registrar feels cannot be overlooked.
What is on the charges register?
(A) covenants affecting the property.
(B) easements affecting the land.
(C) charges over the land.
(D) leases granted over the property.
(E) notices registered by third parties claiming an interest in the property.
Rule in Halsall v Brizell
Buyer of the property with the benefit of the right of way should be advised that if they want to use the right of way, they will need to contribute to the costs of the maintenance.
Where will covenants appear on registered land and unregistered land?
Registered land — charges register
Unregistered land — conveyance
What are indemnity covenants?
The original covenantor required their buyer to give them an indemnity covenant, so that if their buyer breached the covenant and the original covenantor was sued directly for the breach, they could recover their losses from their buyer.
Only refers to positive covenants.
What is a deduction of title?
Process by which the seller shows evidence of their right to sale a property.
Epitome
Unregistered land - seller needs to supply an epitome of title which needs to show good roots.
It should contain all documents affecting ownership.
