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Investigation of title Flashcards

1
Q

How to investigate title in Unregistered land?

A

Look at Land Registry official copies (Property Register, Charges Register + Proprietor Register)
+

Title plan from seller

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2
Q

Purpose of investigating title?

A
  1. Seller acc has title
  2. No incumbrance
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3
Q

What is in Charges Register?

A

Anything burdening property

  • Mortgage
  • 3rd party notices
  • Leases
  • Easements
  • Covenants (+/-)
  • Notices
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4
Q

What is in Property Register?

A
  • Description of land
  • freehold/leasehold + benefit easements
  • exclude right to light etc.
  • maintenance of easements
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5
Q

What is in Proprietorship Register?

A
  • Current owners
  • address
  • class of title
  • indemnity covenants when previously bought
  • notices + restrictions (restrict owner’s ability to sell)
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6
Q

Types of class of title?

A

Absolute: full ownership except charges or overriding interests

Possessory: not fully protected - from title deeds are missing or ownership is claimed by long-term possession

Qualified: known problem in title

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7
Q

Absolute title class?

A

Own the property except mortgages and overriding interests

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8
Q

Possessory title?

A

Lived in the property long enough to own it but do not have OG documents

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9
Q

Qualified title?

A

Own it but known defect in title can affect it

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10
Q

Notice?

A

Alert buyer of 3rd party right over the property on the Register

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11
Q

Restriction?

A

Prevents seller freely selling house = may have conditions

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12
Q

How to investigate title unregistered land?

A
  1. Check if title is registered or pending first registration
  2. If not –> prove by title deeds
  3. K15 search on all previous owners in epitome of title
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13
Q

What search do you do to check if unreg title is pending first registration?

A

Index Map search on Land Registry

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14
Q

What do you look for when looking in Land Registry to deduce unreg title?

A

Cautions asserting 3rd party right to land? Limited period to establish their right otherwise lost forever + registration continues

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15
Q

What if unregistered title is not registered at Land Registry- how do you deduce?

A

Title deeds given by seller

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16
Q

When does seller give COPIES of title deeds to buyer?

A

Before exchange

Whole property sold - OG copies to buyer on completion
Part property sold - copies to buyer on completion

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17
Q

Steps - seller deduces title in unregistered land?

A
  1. Solicitor gets title deed from seller (or lender if mortgage)
  2. Was first registration triggered but not done?
  3. Find a good root of title
  4. Prepare epitome of title chronologically from root title
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18
Q

Conditions for good root of title?

A
  • At least 15 years old
  • does not cast doubt on seller’s title
  • description of land
  • show who owns legal + equitable interest currently being sold
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19
Q

If there are gaps in epitome of title, what action should buyer take?

A

Indemnity insurance

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20
Q

What protection does conveyance give?

A

30 years protection - current buyer investigate last 15 years + buyer of root title would look in the 15 years prior to that

21
Q

Where will conveyance show seller has full and equitable title?

A

Paragraph starts with: “WHEREAS… seized of the property for an estate in fee simple…beneficial owner”

22
Q

What to look for in epitome of title

A
  • unbroken chain of ownership
  • same description of land
  • mortgage paid
  • incumbrances
  • executed by deed
23
Q

Evidence of mortgage paid?

A
  • Before 2003: stamp embossed
  • After 2003: pay SDLT
24
Q

Deed formalities

A
  • clear it is a deed
  • in writing
  • signed + attesting witness
  • delivered as a deed
25
Where are Land Charges registered?
Land Charges Department in Plymouth
26
How to bind incumbrnace?
* Registered at Land Charges by owner's solicitor
27
Estate Contract Land Charge ?
C (iv)
28
Restrictive Covenant Land Charge ?
D(ii)
29
Equitable easement Land Charge ?
D(iii)
30
Home Right Land Charge?
F
31
In Land Charge search, if unsure about when someoen acquired property when do you search from?
1926 (Land Charges first introduced)
32
You find a right of way during investigation of title, what Q does buyer ask?
* does this restrict buyer's intended use of property? * did seller maintain + how much?
33
Preserve the right to light and air?
Sell Part A of property but want to build on Part B - Part A does not have right to light and air over B
34
Registered land - how is property normally held in Proprietorship Reg?
Joint tenants unless: RESTRICTION:* No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.*
35
Jointly owned property but only 1 owner is selling?
* 2nd seller must be party to contract or * death certificate if died
36
Tenants in common but only 1 owner is selling?
* Appoint 2nd trustee to overreach interest * or if pass under will/intesacy = grant of probate + PR assent
37
Valid restrictive covenant for unreg land?
Valid regisered as D(ii) Land Charges
38
Options to deal with restrictive covenant?
1. agreement with benefitting covenant user 2. insurance policy 3. apply to Upper Tribunal to discharge
39
Who does positive covenant bind?
OG covenantor only - not new buyer
40
Indemnity covenant chain?
new buyer breach covenant sue OG buyer and OG buyer will recover losses from new buyer
41
Where can you find indemnity covenant?
Proprietorship Register
42
How to deal with unknown covenant?
Indemnity insurance policy
43
How can you tell the mortgage has been paid off?
Vacating reciept (seller will discharge on completion)
44
Registered land + lease for over 7 years
Bind buyer if in Charges Register if not registered - may still bind as it is overriding interest
45
where can you find info on lease for unreg land?
epitome of title
46
How to deal with notice in Charges Register?
1. Walk away 2. Refuse to deal until seller deals with it
47
what is a Home Right?
Non-owning spouse can occupy property
48
When is Home Right valid for unreg + reg land?
Unregistered land: Register as Class F Land Charge Registered land: notice in Charges Register

Property Practice (10 decks)

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