Pre-exchange: Title Investigation Flashcards

1
Q

Deducing title

A

Seller
Registered: Official Copies, Plan, Docs referred to but not extracted on title
Unregistered: Epitome (Root, chain, docs referred to in root)

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2
Q

Root of Title requirements

A
  • 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)
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3
Q

Include and exclude from chain of title

A

Include:
* PoA
- Grant of Representation
- Death Certs
* Name Change
* Mortgage + Vacating Receipts

Exclude:
- DoT
- Plans
- PLanning permission
- Expired leases
- Searches

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4
Q

dSteps to investigate epitome / unregistered land

A
  1. Check Epitome (valid root)
  2. 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)
  3. SIM search (to check unregistered, boundaries and if any cautions)
  4. Land Charges Search
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5
Q

Land Charges search

A

Against FULL NAME + DURATION
- Full name: not PoA or trustees
- Duration: root = from 1926 to root date / others = period of ownership

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6
Q

Considerations if right benefitting property

A

A: Adequate (timings, on foot)
M: Maintenance (contributions)
A: Adoption (frontage + CON29)
R: Registered: SIM search (charges registered or caution against first registration)

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7
Q

Co-ownership considerations

A

All legal owners shoudl sign contract + transfer deed
If JT: death certificate
if TIC: death certificate + 2nd trustee

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8
Q

Charge considerations

A

Undertaking + contract term + requisitions

If unregistered: check for vacating receipt (indicates discharged)

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9
Q

Covenant considerations

A

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

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