SGS 6 - unregistered land

Question 1

What are the 4 requirements of a good root of title?

Answer 1

1) dated before 1 December 1990
2) contains a description by which the property can be identified
3) deals with both the legal and equitable title
4) casts no doubt on the seller’s title

Question 2

What is the general rule about pre-root documents?

Answer 2

s45 LPA - cannot see pre-root documents unless some exception applies i.e contains a map of the property, contains restrictive covenants

Question 3

What would satisfy the stamp duty stamping requirements on a conveyance?

Answer 3

1) an ad valorem stamp i.e a sum in a circle
2) a certificate of value (para at the end of conveyance certifying that the conveyance does not require payment of stamp duty)

Question 4

What would satisfy the requirements of a particulars delivered stamp

Answer 4

1) ‘Particulars Delivered’
2) ‘P.D.’
3) Stamp referencing the Finance Act 1931

Question 5

What form do you use to complete a CLC search?

Answer 5

Form K15

Question 6

When must you complete the transaction by?

Answer 6

Within 15 working days from the date of the K15 CLC search

Question 7

In a conveyance pre 31 July 1990, how should an individual have executed?

Answer 7

signed, sealed, delivered in the presence of a witness

Question 8

in a conveyance pre 31 July 1990, how should a company have executed?

Answer 8

company seal affixed in the presence of 2 directors or 1 director and company secretary

Question 9

In a conveyance post 31 July 1990, how should an individual execute?

Answer 9

signed in the presence of a witness who attests the signature and delivered as a deed

Question 10

What would alert you to the existence of a mortgage over unregistered title?

Answer 10

If you don’t have the originals of documents - as these are usually given the lender as security

Question 11

If you want to check whether the burden of an easement is registered, what should you do?

Answer 11

SIM search, get the title number for the burdened land, obtain official copies of that title to check the easement is registered against the land

Question 12

On completion of the transaction, when do you need to make the application for first registration by?

Answer 12

within 2 months of completion (s6(4) LRA)

Question 13

When do you need to pay SDLT by?

Answer 13

Within 14 days of the effective date - usually the date of completion

Question 14

What form do you submit to the land registry to register the title?

Answer 14

FR01 (‘first registration’)

Question 15

What form do you send to companies house to register the charge (mortgage)?

Answer 15

Form MR01