Property Practice III Investigestion of Title and Searches

Question 1

the content of header section of a register of title

Answer 1

title number

the edition date: last time the register was updated

the day and time of the official copy (important date which should be quoted as the search from date when applying for an official search against the title)

Question 2

content of Property register

Answer 2

legal estate held

any benefits the property enjoy (rights will appear as a notice)

Question 3

the content of the proprietorship register

Answer 3

class of title held and the name of the current holder or holders of the legal estate

Restriction

Question 4

the content of charges register

Answer 4

any entries which adversely affect the land, for example, restrictive covenants or mortgages will appear as a notice here

Question 5

Requirements for a good root of title

Answer 5

most likely a piece of conveyance.

it must be 15 years old
deal with the whole legal and equitable interest of the title
adequate description of the property
and cast no doubt on the title

Question 6

Explain local search

Answer 6

General and specific Financial Charges, if money is owed to the council

Planning charge: if there is Tree Preservation Orders

Listed Building Charges

Question 7

Explain Drainage and Water Search

Answer 7

whether the property is connected to the public water supply and public foul drainage system

Question 8

Explain environmental search

Answer 8

Landowners are responsible for paying the clean-up costs for any contaminated land they own, even if the buyer is not the creator of the pollution

Question 9

Explain Bankruptcy search

Answer 9

if the buyer is getting a mortgage against the full name of the buyer

Question 10

Explain search of the index map

Answer 10

if the title is unregistered, the search can identify if the property is fully or partially registered

Question 11

Explain company search

Answer 11

if the buyer is a company

if there is a pending liquidation or winding-up order
if there is a restriction on the company condition that forbids the purchase

Question 12

Explain Coal mining search

Answer 12

where there was mining activities since coal ming shafts can seriously affect the integrity of the property

Question 13

Explain chancel liability search

Answer 13

a property might be subject to an ancient obligation to contribute to the upkeep of the chancel of a church. if there is a risk, the solution will be an indemnity insurance.

Question 14

What search should be obtained if the buyer raises questions about roads and public rights of way

Answer 14

local search

Question 15

What search should be obtained if the buyer raises questions about enforcement notices and conservation area

Answer 15

local search

Question 16

Explain common land and town or village green enquiries

Answer 16

it can be raised in an optional enquiry during a local search.

it is important for a buyer to know that there may be restrictions on access over common land in addition to restrictions on developing or enclosing common land or if the public can use the land for recreational purpose.