Property Law 2 Flashcards
Who deduces Title?
Seller - it then answers pre-contract enquires and then prepares the draft contract
What does the seller’s deducing title mean?
Deducing title means the process of proving ownership to a would-be buyer.
Who investigates title?
Buyer - order and review pre-contract searches, raise pre contract enquiries and then report on title. The buyer’s solicitor will also need to deal with the buyer’s mortgage and approve the draft contract .
What’s involved in the buyer’s title investigation?
- check that the seller has the legal right to sell the property
- ensure the property is adequate for the buyer’s intended use
- ensure that there are no title defects that could affect the value of the property or the ability to sell in future
What are the title documents in registered land?
- Land Registry official copies of the register
- Land Registry title plan
- Copies of any documents referred to, but not already extracted in the official copies of the register
The official copies of the register comprise three separate registers what are they and what order do they appear in?
- A. Property register: describes the property and any rights benefiting the property (eg, covenants or easements)
- B. Proprietorship register: gives the registered proprietor’s (owner’s) name and address, the class of title and entries affecting ownership
- C. Charges register: lists rights burdening the property (eg, mortgage, covenants, easements and leases)
What is included in the property register?
Property description
Rights benefiting the property
property register - What’s included in the property description?
- States whether the property is freehold or leasehold.
- Describes the property by its address and reference to the title plan (usually ‘edged red’).
- The buyer’s solicitor should always send the buyer a copy of the title plan so that the buyer can confirm it agrees with their understanding of the size and location of the land they are buying.
property register - The Rights benefiting the property will be set out in the property register and maybe extracted. If so, do you need to refer to the document itself?
No
property register - The Rights benefiting the property will be set out in the property register and may refer to a bundle of rights contained in a document which is filed. If so, what should the seller do?
The seller’s solicitor should provide a copy of any filed documents (either from the pre-registration deeds or from the Land Registry)
property register - If the property has the benefit of a right of way, what issues must be considered:
- registration of the burden
- adequacy
- maintenance
- adoption
property register - What is required for a registered right of way to be enforceable?
the burden must also be registered against the land over which the right of way passes (the servient land)
property register - Why does maintenance of a right of way need to be considered?
a person using a right of way is obliged in common law to contribute towards its maintenance
property register - Why does Adoption need to be considered
if a private road is adopted, then the frontagers are required to pay the costs of bringing the road up to adoptable standard.
Proprietorship register - How will you know if a property is held by Tenants in Common?
The Land Registry will add a restriction to the proprietorship register - e.g.
“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.”
Proprietorship register - What if there’s no restriction on the proprietor register?
You can assume that the co-owners hold jointly
Proprietorship register - who should be asked to sign the contract and execute the transfer deed if all co-owners are living?
All of them
Proprietorship register - who should be asked to sign the contract and execute the transfer deed if one joint tenant is living?
They should be asked to sign the contract and execute the transfer deed.
They should also provide a certified copy of the deceased joint tenant’s death certificate.
Proprietorship register - who should be asked to sign the contract and execute the transfer deed if one tenant in common is living?
They will need to appoint a second trustee (often their solicitor) to sign the contract and execute the transfer deed with them.
Again, they should also provide a certified copy of the deceased tenant in common’s death certificate.
Proprietorship register - What does overreaching mean and when does it apply?
The process of getting another trustee to sign the deed for tenants in common where one has dies. This means that the land is freed from beneficial interests
Charges Register - what’s included on the Charges Register?
Mortgage in favour of a lender
Leases
Easements - the land may be subject to rights of way, rights of light, rights of service media (pipes, cables, etc)
Covenants (restrictive or positive) - burden, not the benefit.
Charges Register -How are Legal mortgages created?
By deed.
