Pre-exchange: Title Investigation Flashcards
Deducing title
Seller
Registered: Official Copies, Plan, Docs referred to but not extracted on title
Unregistered: Epitome (Root, chain, docs referred to in root)
Root of Title requirements
- Adequately described (plan, address, ref to plan)
- Both legal and beneficial (not DoT or ‘bare’) + valid
- Casts no doubt (if name change or PoA must have evidence)
- Dated (at least 15 years + for value (pre 1 Dec 1990) or assent (pre 1 April 1998)
Include and exclude from chain of title
Include:
* PoA
- Grant of Representation
- Death Certs
* Name Change
* Mortgage + Vacating Receipts
Exclude:
- DoT
- Plans
- PLanning permission
- Expired leases
- Searches
dSteps to investigate epitome / unregistered land
- Check Epitome (valid root)
- Check each deed in chain is valid
- Stamped: Particulars Delivered + Ad Valorem (if for value and above SDLT) or Certificate of Title (if gift or below SDLT)
- Executed: clear on face, signed + witnessed, sealed, delivered (dated) - SIM search (to check unregistered, boundaries and if any cautions)
- Land Charges Search
Land Charges search
Against FULL NAME + DURATION
- Full name: not PoA or trustees
- Duration: root = from 1926 to root date / others = period of ownership
Considerations if right benefitting property
A: Adequate (timings, on foot)
M: Maintenance (contributions)
A: Adoption (frontage + CON29)
R: Registered: SIM search (charges registered or caution against first registration)
Co-ownership considerations
All legal owners shoudl sign contract + transfer deed
If JT: death certificate
if TIC: death certificate + 2nd trustee
Charge considerations
Undertaking + contract term + requisitions
If unregistered: check for vacating receipt (indicates discharged)
Covenant considerations
Restrictive: charges reg / D(ii) land charge
Positive: only binding if indemnity covenant
If want to breach restrictive covenant / or cannot find deed:
1. Insurance
2. Speak to PWB
3. Apply to Lands Tribunal
4. Price Reduction