Title investigations, searches and standard enquiries

Question 1

Overview of a conveyancing transaction

Answer 1

1. Pre-contract to exchange of contracts
2. Post-exchange / pre-completion
3. Post-completion

Question 2

Pre Contract to exchange of contracts

Answer 2

• Neither party is bound to the other until the exchange of contracts.

Question 3

S. 52 Law of Property Act 1925

Answer 3

• Transfer of an interest in lad has to be by deed

Question 4

Conveyance Draft

Answer 4

• Named and defined vendor/seller
• Named and defined purchaser/buyer
• Set out tenure of the property
• Set out the price of the property
• Clearly described the property being sold

Question 5

Positive covenants

Answer 5

• Require something to be done, therefore cannot bind the land.
• When selling, due to ongoing liability, will ask buyer to enter into covenant with rights holder
  o Comply with terms
  o To indemnify seller if failure to comply

Question 6

Restrictive covenant

Answer 6

• Requires covenantor to refrain from doing something

- Bind the land

Question 7

s. 62 Law of property act 1925

Answer 7

• Property is sold with the benefit of all rights, ways, easements, etc.

Question 8

Property register

Answer 8

Describes the extent of the property

Describes the rights benefiting the property

Question 9

Proprietorship Register

Answer 9

1. Shows the class of title
2. Identifies the registered proprietor
3. Sets out any restrictions affecting the owners rights of disposal
4. Sets out an indemnity covenant given by the proprietor
5. Shows the price of the property when it was last bought

Question 10

Class of title

Answer 10

(ss. 9 and 10 Land Registration Act 2002)
1. Title absolute
2. Qualified Title
a. Proprietors ownership has only been established for a limited period
3. Possessory title
a. Proprietory is in actual possession but has no further documentary evidence
4. Good leasehold
a. Could not provide evidence of landlords title to land

Question 11

Schedule 8 LRA 1925

Answer 11

Land Registry will indemnify losses due to mistake on the registry

Question 12

Charges Registry

Answer 12

Interests binding the buyer (S. 29(2) LRA 2002)

a. Interests registered on the charges register
b. Interests overriding registered dispositions (Schedule 3 LRA 2002)

Question 13

Remedies for past breach of covenants

Answer 13

o Ask seller solicitor to obtain restrictive covenant insurance
o Seller approaches the PWB for retrospective consent
o Apply for upper tribunal (Lands chamber) under s. 84 Law of Property Act 1925 for a waiver or discharge