Title investigation - unregistered land Flashcards
A seller is selling unregistered land with the following history:
- The seller bought the land in 1977 for £3,000 with a mortgage. The 1977 conveyance states that the land is sold subject to covenants in a conveyance dated 3 June 1956.
- In 1978 the seller granted a five year lease of the land for value.
- The mortgage is still in place, and the seller intends to discharge it from the proceeds of sale.
Which of the following best describes the relevant documents to include copies of in the epitome of title for the land?
(a)
The 1977 conveyance, the 1978 lease and the seller’s mortgage.
(b)
The 1956 conveyance, the 1977 conveyance, and the seller’s mortgage.
(c)
The 1956 conveyance, the 1977 conveyance, the 1978 lease and the seller’s mortgage
(d)
The 1956 conveyance and the 1977 conveyance.
(b) The 1956 conveyance, the 1977 conveyance, and the seller’s mortgage.
Whilst the 1956 conveyance is a pre-root document, it is cross-referred to in the root of title. The 1978 lease does not need to be included as it has expired.
What are the dates for compulsory first registration for 1) transfers of land for value and 2) transfers of land other than for value?
(a)
1) 31 July 1990 and 2) 1 December 1990
(b)
1) 1 December 1990 and 2) 1 April 1998
(c)
1) 1 January 1996 and 2) 1 December 1990
(d)
1) 1 April 1998 and 2) 1 January 1996
(e)
1) 1 December 1990 and 2) 31 July 1990
(b) 1) 1 December 1990 and 2) 1 April 1998
Which of the following statements is the most accurate description of an epitome of title?
(a)
An epitome is a set of copies of relevant title documents.
(b)
An epitome is a list of title documents relating to a specific property.
(c)
An epitome is a set of copies of relevant title documents with a front sheet setting out details of the documents.
(d)
An epitome is a set of original relevant title documents with a front sheet setting out details of the documents.
(e) An epitome is a set of copies of the title register.
(c) An epitome is a set of copies of relevant title documents with a front sheet setting out details of the documents.
You act for a client Susan Wolston on the sale of an industrial building. Title to the property is unregistered. The deeds packet contains the following documents:
- Conveyance dated 1988 between Acton (Millinery) Ltd and Susan Wolston.
- Bundle of searches and enquiries dated 1988.
- Mortgage dated 1988 between Royal Bank of Scotland plc and Susan Wolston.
- Planning permission dated 1990 for an extension to the building.
Which one of the following best describes the documents which must be included in the epitome?
(a)
- Conveyance dated 1988 between Acton (Millinery) Ltd and Susan Wolston.
- Mortgage dated 1988 between Royal Bank of Scotland plc and Susan Wolston.
(b)
All of the documents listed.
(c)
- Conveyance dated 1988 between Acton (Millinery) Ltd and Susan Wolston.
- Mortgage dated 1988 between Royal Bank of Scotland plc and Susan Wolston.
- Bundle of searches and enquiries dated 1988.
(d)
- Conveyance dated 1988 between Acton (Millinery) Ltd and Susan Wolston.
(e)
- Conveyance dated 1988 between Acton (Millinery) Ltd and Susan Wolston.
- Mortgage dated 1988 between Royal Bank of Scotland plc and Susan Wolston.
- Planning permission dated 1990 for an extension to the building.
(a)
- Conveyance dated 1988 between Acton (Millinery) Ltd and Susan Wolston.
- Mortgage dated 1988 between Royal Bank of Scotland plc and Susan Wolston.
The 1988 conveyance is the root conveyance (the conveyance to the current seller) and must be included. The 1988 mortgage is the current seller’s mortgage, entered into at the same time as the root conveyance. This must be included in the epitome, even though it will be redeemed at completion (and even if it has already been redeemed, as it post-dates the root of title).
True or false: nowadays, a property should be necessarily registered whether or not it is dealt with or not.
False - on any sale or gift or land now, first registration is required. Land that is not being sold, given away or mortgaged may remain unregistered.
What are the four requirements for root of title under s. 44 LPA 1925?
Good root of title:
1. Must be dated more than 15 years ago
2. Deals with both legal and beneficial title
3. Adequately describes the land being conveyed
4. Doesn’t cast doubt on seller’s title
What documents are not needed in title of unregistered land?
- Documents that only affect beneficial interest eg trust deeds
- Expired leases
- Land Charges searches
- Deeds often include planning permissions, old local searches, correspondence, architect’s plans - these may be relevant to replies to enquiries but do not form part of title
What should you do if, acting for a buyer, the epitome of title contains an unstamped root of title conveyance?
(a)
Arrange for the seller to get the root conveyance stamped as soon as possible after completion.
(b)
Get the seller to arrange for the root conveyance to be stamped as soon as possible.
(c)
Nothing as it is only a problem if one of the parties wants to rely on it in court.
(d)
Pull out of the purchase as you cannot retrospectively stamp a conveyance.
(b) Get the seller to arrange for the root conveyance to be stamped as soon as possible.
You would need to see evidence of this before exchange and completion.
A root of title conveyance containing covenants is dated 2 September 1989. The conveyance was from a company (the seller) to an individual (the buyer). Which one of the following would be correct execution of the root?
(a)
The seller should have affixed their company seal in the presence of two directors or one director and the company secretary who have both signed the conveyance. The buyer should have executed the conveyance by signing with a witness, sealing and delivering it.
(b)
The seller should have executed the conveyance by two directors or one director and the company secretary signing it. The buyer should have executed the conveyance by signing with a witness and delivering it.
(c)
The seller should have affixed their company seal in the presence of two directors or one director and the company secretary who have both signed the conveyance. The buyer should have executed the conveyance by signing with a witness and delivering it.
(d)
The seller should have executed the conveyance by two directors or one director and the company secretary signing it. The buyer should have executed the conveyance by signing with a witness, sealing and delivering it.
(e)
The buyer should have executed the conveyance by two directors or one director and the company secretary signing it. The seller should have executed the conveyance by signing with a witness and delivering it.
(a) The seller should have affixed their company seal in the presence of two directors or one director and the company secretary who have both signed the conveyance. The buyer should have executed the conveyance by signing with a witness, sealing and delivering it.
These were correct execution methods for conveyances dated pre 31 July 1990.
You are acting for the buyer of an unregistered property and the seller’s solicitor has provided you with the epitome of title to the property. The epitome contains:a 1989 conveyance and a 1977 conveyance.
The 1989 conveyance contains a PD stamp and sets out the extent of the property by reference to the 1977 conveyance.
The 1977 conveyance contains a plan showing the extent of the property and has a PD stamp and an ad valorem stamp.
Which of the following statements is correct?
(a)
The 1977 conveyance is the good root of title as it is the only conveyance which complies with all the requirements of a good root of title.
(b)
The 1989 conveyance cannot be a good root of title as it does not contain a plan showing the extent of the property.
(c)
The 1989 conveyance cannot be a good root of title as the property should have been registered for the first time when it was conveyed in 1989
(d)
The 1989 conveyance could be a good root of title provided it contains a certificate of value.
(d) The 1989 conveyance could be a good root of title provided it contains a certificate of value.
The 1989 conveyance does not have an ad valorem stamp but provided it has a certificate of value (to go with the PD stamp) then it has been correctly stamped. The last date for compulsory first registration was 1 December 1990 and you have no information to tell you that the property was in an area that was subject to compulsory first registration before this date. Provided the 1977 conveyance (with plan) is included in the epitome, it does not matter that the description of the property in the 1989 conveyance is only by reference to the 1977 conveyance.
What should each conveyance have in terms of stamp duty?
- A certificate of value or be properly stamped with the ad valorem stamp duty and
- Have a ‘Particulars Delivered’ Stamp
What are the LPMPA s. 1 requirements for a validly executed deed?
- Clear on the face of it that it is intended to be a deed
- Signed (if individual signed by him and one witness or if company 2 directors or 1 director and company secretary)
- Delivered as a deed (ie inserting date)
What is the one extra requirement needed under the common law for a valid execution of a deed?
That it be sealed by wax or paper disc
When is an index map search (SIM) used and what does it indicate?
It is used to check that land is not already registered and will show:
1. Any registered titles within boundaries
2. Any pending applications for registration
3. Caution against first registration - would need to be investigated further, since person lodging such causation is likely claiming some kind of right against property
Which one of the following statements is correct regarding covenants in an unregistered title?
(a)
An indemnity covenant means that the original covenantor is not liable for the covenants to which the indemnity covenant relates.
(b)
Positive covenants bind a purchaser if they are registered as a class d(ii) land charge.
(c) Positive covenants can be ignored as they do not bind the land.
(d)
If a deed refers back to an earlier deed containing covenants, then those covenants will only be relevant if the earlier deed is provided in the epitome.
(e) Restrictive covenants bind a purchaser if they are registered as a class d(ii) land charge.
(e) Restrictive covenants bind a purchaser if they are registered as a class d(ii) land charge.
A seller has given a first mortgage over its unregistered property to A Bank PLC and a second mortgage to B Bank PLC.
Which of these would you expect to see registered at the Central Land Charges Registry?
(a)
Neither. Both mortgages appear on the charges register.
(b)
The mortgage to B Bank PLC.
(c)
Neither mortgage.
(d)
Both mortgages.
(e)
The mortgage to A Bank PLC.
(b) The mortgage to B Bank PLC.
This second mortgage is a puisne mortgage which is protected by a Class C(i) land charge.
Assume the year is 2022. Your client is buying an unregistered property (the ‘Property’).
The root of title is a conveyance dated 1 December 1989 between Joanne Holmes (Vendor) and Edouard Matignon (Purchaser).
The root of title includes reference to the fact the Property is subject to covenants created in a conveyance dated 3 January 1955 made between Harold Branagh (Vendor) and Alison Sykes and Jonathan Sykes (Purchasers).
Which one of the following is the correct list of the CLC searches that should be carried out?
(a)
CLC searches against
1) Harald Branagh from 1925 – 1955,
2) Alison Sykes and Jonathan Sykes from 1955 – 1989,
3) Joanne Holmes from 1955 – 1989; and
4) Edouard Matignon 1989 - 2022
(b)
CLC searches against
1) Harold Branagh from 1926 – 1955,
2) Alison Sykes and Jonathan Sykes from 1955 – 1989,
3) Jo Holmes and Joanne Holmes from 1955 – 1989; and
4) Edouard Matignon 1989 - 2022
(c)
CLC searches against
1) Harold Branagh from 1926 – 1955,
2) Alison Sykes and Jonathan Sykes from 1955 – 1989,
3) Joanne Holmes from 1955 – 1989; and
4) Edouard Matignon 1989 - 2022.
(d)
CLC searches against
1) Harold Branagh from 1925 – 1955,
2) Alison Sykes and Jonathan Sykes from 1925 – 1989,
3) Joanne Holmes from 1925 – 1989; and
4) Edouard Matignon 1925 - 2022.
(e) CLC searches against
1) Harold Branagh from 1926 – 2022,
2) Alyson Sykes and Jonathan Sykes from 1926 – 2022,
3) Joanne Holmes from 1926 – 2022; and
4) Edward Matignon 1926 - 2022
(c)
CLC searches against
1) Harold Branagh from 1926 – 1955,
2) Alison Sykes and Jonathan Sykes from 1955 – 1989,
3) Joanne Holmes from 1955 – 1989; and
4) Edouard Matignon 1989 - 2022.
Those are the estate owners with the correct spelling of their names and the search periods are correct.
What are the statutory presumptions for unregistered land for a joint tenant?
Co-owner is a joint tenant if:
(a) conveyance from seller to buyer states seller is beneficially entitled to whole of property
(b) no memorandum of severance written to or attached to conveyance indicating they have switched to tenants in common AND
(c) there has been no bankruptcy order or bankruptcy petition against seller. (s. 1 LPJTA 1964)
If none of these are met, then seller should be treated as tenant in common.
How does the buyer’s solicitor deal with the beneficial interest in unregistered land?
If co-owner is surviving joint tenant, the buyer’s solicitor should ask for certified copies of deceased’s joint tenant’s death certificate.
If the co-owner is a surviving tenant in common, the buyer’s solicitor should ask for a second trustee to be appointed to as to overreach the beneficial interest of the deceased tenant in common or their estate.
What should the buyer’s solicitor check in their investigation of unregistered land?
- Root of title
- Completeness of chain of ownership and validity of any deeds within it
- Extent of land conveyed
- Any rights benefiting/burdening property
