Property Law 2 - Un Reg

Question 1

Who is responsible for adding unregistered land to the register?

Answer 1

The buyer

Question 2

Who deduces unregistered title?

Answer 2

The seller’s solicitor

Question 3

Which document normally forms the root title?

Answer 3

The most recent deed

Question 4

When considering root title, which documents are preferred and why?

Answer 4

• A sale conveyance or legal mortgage is better than a gift or ascent
• there is an assumption that the title will have been investigated giving a further 15 years of title.

Question 5

How old must the Root title be?

Answer 5

15 years ago

Question 6

What must be included in the Root title?

Answer 6

• deals with both the legal and beneficial title to the property
• adequately describes the extent of the land being conveyed
• does not cast doubt on the seller’s title

Question 7

What if the conveyance relied on for root does not mention both the legal and beneficial ownership?

Answer 7

Beneficial title is assumed to pass with the legal title.

Question 8

What documents should be included if the property passed by death by survivorship?

Answer 8

death certificate

Question 9

What documents should be included if the property passed by death by will?

Answer 9

grant of representation

Question 10

What documents should be included if the property passed by death by intestacy?

Answer 10

an assent

Question 11

What other document should always be included in root title for unregistered land.

Answer 11

Mortgage created after root title even if paid off

Question 12

Do documents that only affect the beneficial ownership need to be included in the epitome of title?

Answer 12

no

Question 13

Do expired leases need to be included in the epitome of title?

Answer 13

No

Question 14

Do Land Charge searches need to be included in the epitome of title?

Answer 14

No - although may help the buyer

Question 15

What if the root title falls after the relevant date for compulsory registration?

Answer 15

Seller should be asked to register the property

Question 16

Once you have found the root title, what next?

Answer 16

Check the chain of title is complete (I.e. the byer in one deed is the seller in the next).

Question 17

When might the seller not be the same as the buyer in the title chain?

Answer 17

If died or married

Question 18

Once you’ve found the root title and found the chain of title is complete, what do you do next?

Answer 18

Check that the deeds are:
- Validly executed as a deed and
- Stamped showing the correct amount of ad valorem stamp duty has been paid

Question 19

What is the key year regarding the requirements of a valid deed?

Answer 19

1989 🪩

Question 20

What are the requirements for a validly executed deed pre-1989?

Answer 20

• Clear that it is intended to be a deed
• Signed
• Sealed
• delivered as a deed (dating the document)

Question 21

What are the requirements of a deed after 1989?

Answer 21

• Clear that it is intended to be a deed
• Signed
• delivered as a deed (dating the document)

(note: difference is deed does not need to be sealed)

Question 22

What checks should be made for Stamp Duty for unregistered land?

Answer 22

• Conveyance needs to have a certificate of value (if gifted) or properly stamped with ad valorem stamp duty.
• Conveyance should have a ‘Particulars Delivered’ stamp.

Question 23

What if the stamp duty is missing?

Answer 23

• Insist seller pays the outstanding stamp duty, and
• provide proof that it has been done

Question 24

If the root title contains a plan, does the plan need to be included in the epitome of title?

Answer 24

Yes