Property Principles

Question 1

Unregistered title: what is a good root of title?

Answer 1

A) Adequately describes the property
B) Be dated at least 15 years ago
C) Casts no doubt on the seller’s title
D) Deals with the legal and beneficial title

Question 2

Full title guarantee (SCS & SCPC default)

Answer 2

Property free of all incumbrances other than those disclosed in contract + those the selle didn’t/ couldn’t reasonably know about

Should be offered unless good reason not to

Question 3

Limited title guarantee

Answer 3

No incumbrances created over the property during the seller’s period of ownership

Often given by seller’s with little knowledge of the property

Question 4

No title guarantee

Answer 4

Seller doesn’t guarantee their right to sell the property + property is not free of incumbrances = buyer has no re,beer against seller if there is a title issue after completion

Eg from administrator or liquidator

Question 5

Title guarantee vs class of title

Answer 5

Title guarantee = contractual guarantee given by seller

Class of title = Land Registry’s guarantee as to quality of title