title investigation (workshop 2)

Question 1

in what circumstances must unregistered land become registered?

Answer 1

on any sale of land or gift of land

Question 2

what is a root of title?

Answer 2

It is the deed that is relied upon as proving the title

Question 3

what are the four requirements of a good root of title?

Answer 3

1. must be dated more than 15 years ago
2. deals with both the legal and beneficial title to the property
3. adequately describes the extent of the land being conveyed
4. does not cast doubt on the seller’s title

Question 4

what is an epitome of title?

Answer 4

it is how title is deduced to unregistered land.

Question 5

what are the dates for compulsory first registration for transfers of land for value (sale) and transfers of land for gifts?

Answer 5

1st December 1990 and 1st April 1998

Question 6

does the seller’s solicitor deduce or investigate title?

Answer 6

seller’s solicitor DEDUCES title

Question 7

does the buyer’s solicitor deduce or investigate title?

Answer 7

buyer’s solicitor INVESTIGATES title

Question 8

what are the three title documents for deducing registered title?

Answer 8

1. land registry official copies of the register
2. land registry title plan
3. copies of any documents referred to, but not already extracted in the official copies of the register

Question 9

what does deducing title mean?

Answer 9

the process of proving ownership to would-be-buyer. (title used in narrow sense meaning proof of ownership)

Question 10

in an official land registry copy of the register what are the three separate registers that appear?

Answer 10

property register
proprietorship register
charges register

Question 11

what does a property register show?

Answer 11

it describes the property and any rights benefiting the property (eg, covenants or easements)

Question 12

what does a proprietorship register show?

Answer 12

it gives the registered proprietor’s (owner’s) name and address, the class of title and entries affecting ownership

Question 13

what does the charges register show?

Answer 13

it lists rights burdening the property (eg, mortgage, covenants, easements and leases)

Question 14

what is a class of title? (proprietorship register)

Answer 14

class of title indicates how satisfied the land registry is with the registered proprietor’s proof of ownership to the property.

Question 15

what are the four different classes of title?

Answer 15

title absolute (freehold or leasehold)
qualified title (freehold or leasehold)
possessory title (freehold or leasehold)
good leasehold title (leasehold only)

Question 16

what is title absolute (class of title)?

Answer 16

The best and most common class of title.
indicates there are no issues - the proprietor has satisfied the land registry that it is the true and proper owner of the property

Question 17

what is qualified title (class of title)?

Answer 17

where there is a specific defect in the title.
eg, covenant or easement are missing on the deed

Question 18

what is possessory title (class of title)?

Answer 18

granted when the registered proprietor has shown that they have physical possession of the property, but no title deeds or is claiming through adverse possession.

Question 19

what is good leasehold title (class of title)?

Answer 19

when the leasehold cannot provide evidence of the landlord’s title to the land

Question 20

when does the seller’s name not appear as registered proprietor?

Answer 20

when the seller is the executor of a deceased person’s estate

Question 21

what is the maximum number of individuals who an be a registered proprietor?

Answer 21

maximum 4

Question 22

if dealing with a surviving benefit joint tenant, what does the buyer’s solicitor need?

Answer 22

a copy of the death certificate from the joint tenant

Question 23

if dealing with a surviving beneficial tenant in common, what does the buyer’s solicitor need?

Answer 23

a copy of the death certificate from the tenant in common and a second trustee needs to be appointed.

Question 24

on what registers do mortgages show on?

Answer 24

they show on the charges register and also require a restriction in the proprietorship register (need permission to sell)

Question 25

what does the buyer need to check if the seller has a mortgage on the property? (3 things)

Answer 25

1. check the seller has sufficient funds to clear the mortgage
2. ensure that there is a term of the contract
3. obtain appropriate undertaking from the seller’s solicitor to redeem the mortgage from the proceeds of sale on completion

Question 26

where is the burden of a covenant shown? (what register)

Answer 26

the charges register

Question 27

where is the benefit of a covenant shown? (what register)

Answer 27

the property register

Question 28

when is the chain of indemnity broken?

Answer 28

if, at any point, the land has been transferred, and the seller has neglected to obtain an indemnity covenant, the chain of indemnity has been broken.

Question 29

what are the buyer’s options for dealing with covenants?

Answer 29

indemnity insurance, consent from the person with the benefit and an application to the upper tribunal (lands chamber)

Question 30

what must the buyer’s solicitor check if the land is unregistered?

Answer 30

the root of title, the completeness of the chain of ownership, the extent of the land conveyed, and any rights benefiting or burdening the property

Question 31

what two things must the buyer’s solicitor check on a deed?

Answer 31

that it is validly executed and stamped

Question 32

does a deed need to be sealed?

Answer 32

under LPMPA 1989 the deeds no longer need to be sealed

Question 33

What is a validly executed deed?

Answer 33

it has been signed, sealed and delivered

Question 34

what does it mean for a document to be validly stamped?

Answer 34

document bears a particulars delivered stamp and either a certificate of title or the appropriate ad valorem stamps.

Question 35

what party goes to the expense if conveyancing has not been properly executed or stamped?

Answer 35

the seller needs to rectify this at their own expense

Question 36

If the property is burdened by a covenant either positive or negative covenant - where is that shown? what register?

Answer 36

charges register (as it is burdened)

Question 37

If the property benefits by a covenant - where is that shown? what register?

Answer 37

property register (as it is a benefit)