Property 06 Unregistered Land

Question 1

Searches

Answer 1

Against Full Name of Each estate owner As on the Conveyance and Check for differently spelt names.

Full Period of Ownership

Completion within protection period?

Office copies of relevant registered land charges - Company search, search index map if relevant land and property adjacent.

Question 2

Co-Ownership

Answer 2

People selling same as previous bought in the last conveyance?

Joint Tenancy - Survivorship LP(JT)A 1964: no memo of severance AND sells as ‘beneficial owner’ / ‘solely and beneficially interested’ AND clear bankruptcy search

Tenancy in common: capital monies paid to two trustees

Question 3

Root of Title

Answer 3

Conveyance dated at least 15 years before exchange of contracts (Note: if dated before 1/12/90, it will be)


Clearly identifies property

Deals with legal and equitable interest Casts no doubt on seller’s title

Question 4

Ad valorem/ Certificate of value PD Stamp

Answer 4

Always

Particulars Delivered („PD‟) Stamp unless there is a certificate of exemption

AND EITHER
• Ad Valorem Duty OR
• Certificate of Value OR
• Both BUT NEVER NEITHER

Question 5

Personal Representatives and other ‘unusual sellers’

Answer 5

PRs: s. 36(6) AEA 1925 statement in transfer / conveyance and no memorandum of sale on grant

Mortgagee: power of sale exists & has arisen

Attorney: Attorney authorised to act? Revocation?

PR/Trustee selling to self: breach of fiduciary duty – check authorised by will, all beneficiaries or court

Question 6

Positive and Restrictive Covenants and Easements and other third party rights

(5 Items)

Answer 6

Positive Covenants: chain of indemnity covenants
 (Burden does not pass without indemnity)

Restrictive Covenants: registered as D(ii) Land Charge OR chain of indemnity covenants

Past/future breach? If so: restrictive covenant insurance; consent of person with benefit; or Upper Tribunal (Lands Chamber)

Easements: benefit and burden - burden registered in Charges Register of title affected or caution against first registration

Leases: registered? Tenant in occupation?

Question 7

Execution of Documents

7 Parts

Answer 7

Check date of execution - effect of LP(MP)A 1989

If Company Company:

Question 8

Discharged Mortgages

Answer 8

Bank receipt: dated and signed by lender naming borrower as paying party

Building Society receipt: as for bank OR dated and sealed by Building Society

Question 9

What is a ‘root of title’ and what type of document will normally be the root of title?
Root of title

Answer 9

a) is dated before 1 December 1990;
b) contains a description by which the property can be identified 
(preferably, but not necessarily, by reference to a plan);
c) deals with both the legal and equitable interest in the property being conveyed; and
d) casts no doubt on the seller’s title

Question 10

On what date did the whole of England and Wales become an area for compulsory first registration on:

(i) the sale for value of a freehold estate
(ii) the gift or assent of a freehold estate?

Answer 10

(i) 1 December 1990.
(ii) 1 April 1998

Question 11

What are the potential problems with an unstamped conveyance appearing in an epitome of title?

Answer 11

Missing PD stamp and or AD valorem it wont be a good root, title will not have passed to seller.

First registration would not be possible - rectify before exchange or upon completion - typically delays completion.

Inadmissable to court.

Question 12

Buying from sole surviving Co-owner

TinC

Answer 12

Conveyance states how property is bought or JT presumed. LP(JT) A1964 - can assume JT …. Para 6.1.2 of chapter 5

Over reach by appointing second trustee. Grant of Representation certified copy sent to Land Registry?

Question 13

How to identify third party rights unregistered land.

Answer 13

CLC Searches

Deeds supplied in Epitome - deed of easement or covenentnats granted or reserved in conveyances

Making enquiries to seller for overriding interests:

Question 14

Pos Completion

Registered

Answer 14

Fee

AP1

DS 1

Change of Name Certificate

Debenture and Cert Copy

Copy of Certificate of Registration

SDLT 5

Question 15

Unregistered Additional Docs.

Answer 15

• Fee
• FR1
• DL
o Docs from epitome
o Searches and enquiries
o Deed of appointment
o Contract
o Completion info and undertakings form
o Tr1

Cert copy of
o Debenture & cert copy
o Copy certificate of regn
o SDLT 5
o May need to send forms for registration of overriding interest.

Question 16

Why are CLC searches Included

Answer 16

convenience or required under the NCP

Question 17

Protection under a good root of title

Answer 17

Government will indemnify for losses.

Question 18

Conveyance dated outside the protection period

Answer 18

Extend search to that year.

Question 19

First date for CLC search

Answer 19

1926 date of first possible registration of charges so begin search from that date.