SGS 1: Title Investigations, Searches and Standard Enquiries Flashcards
What is a CON29 Search?
Provide prospective purchasers with information that relates to the property being searched and in some cases the area where the property is situated
One of the local authority searches.
Seeks to clarify whether the roads, footways, footpaths are public highways.
What are frontagers?
Owners of the properties fronting onto the private road
Why would you carry out a Highways Search?
To identify that act boundary between the public highway and private land
Establishing the terms of a right of way are adequate
1) Time it can be used
2) Means of access (with/without vehicles)
3) No other unacceptable restrictions/conditions
4) Physical adequacy (size/location/construction)
What is a deed of variation?
Implements a variation of the easement via negotiations with owner
- pay them consideration
- pay their legal costs
Why should you always ask about maintenance obligations for a right of way?
The law requires if someone takes benefit of a right, they must also pay towards its upkeep
What is SIM?
Search Index Map
Don’t to determine which land is registered at the Land Registry and which land is currently unregistered
Why is it important for the right of way to be registered against the title in the Charges Register?
In order for the right of way to be enforceable, the burdened land needs to be encumbered in this way
What do you do when the burdened land is unregistered?
1) Check to see if a caution against first registration has been entered against it
2) If not, ask seller’s solicitor to register a caution against first registration
If not followed: if burdened land later gets sold, the new owner may not be bound by burden of the easement
The burden of positive covenants ….
…. do not run with the land
UNLESS
…. an indemnity covenant is entered into (appears on the Proprietorship Register)
What if a positive covenant has been breached by the seller in the past?
This is a remediable past breach so you should:
1) require seller to remedy breach before completion
2) are a price reduction (lenders must be notified of any price changes)
What if the past breach of the positive covenant cannot be remedied?
1) Get insurance
2) Ask PWB for retrospective consent
Restrictive Covenants …
… run with the land because they ‘touch and concern’ the land (Tulk v Moxhay)
Automatically binding on the buyer.
What does PWB stand for?
the Person who owns the land With the Benefit of the covenant
What options are available for a continuing past breach of a restrictive covenant?
1) Insist seller buys RC insurance at its expense
(insures buyer and future owners of any future action)
2) Arrange retrospective consent with PWB
3) Application to the Upper Tribunal (Land’s Chamber) - LC(UT)
(to remove/vary RC because its obsolete)
