Issues which might be revealed in an investigation of title

Question 1

Rights burdening the property

Answer 1

Solicitor needs to advise the buyer on the nature and extent of these rights so that the buyer can take this information into account when deciding whether to proceed with the purchase.

Question 2

Right benefitting the property

Answer 2

Buyer’s solicitor need to check that the rights are sufficient for the intended use of the property and whether a contribution is required for the upkeep

Question 3

Easement

Answer 3

Solicitor needs to ask buyer whether the right expressed in those terms are sufficient for their needs. If maintenance is required then they need to raise an enquiry with the seller to see if they have been contributing to the maintenance costs and if so how frequently and how much. Check if there have been any disputes.

Question 4

Co-owners

Answer 4

If title investigation shows that a property is jointly owned but it is being sold by only one of the co-owners the solicitor needs to find out what has happened to the missing co-owner.

Question 5

Restrictive covenants

Answer 5

Solicitor has 3 options:
1) ask the seller if they know who currently owns the property with the benefit of the covenant and, if this information is available, ask that owner if the buyer can come to
some arrangement with them over the proposed use
2) obtain a restrictive covenant insurance policy for the proposed breach of covenant
3) apply to the Upper Tribunal for modification or discharge of the covenant

Question 6

Positive covenant

Answer 6

Check to see if an indemnity covenant is required

Question 7

Mortgages

Answer 7

Need to ensure that the seller’s mortgage will be discharged on completion - undertaking

Question 8

Lease

Answer 8

The buyer’s solicitor should report it to the buyer and check that the existence of the lease and its terms are compatible with the buyer’s proposed use of the property