Transfer Of heritable Property

Question 1

What’s warrandice with heritable property

Answer 1

It’s the guarantee given by the grantor to the grantee that the title is good
If the deed doesn’t mention it the warrandice is implied by law

Question 2

What are the theee levels of warrandice

Answer 2

1) simple warrandice (what court implies for gratuitous deeds)- grantor guarantees that he or she won’t grant any subsequent deeds which could prejudice the deed now being grantee
2) fact and deed warrandice - grantor guaranteed the grantees title against future AND PAST acts by guarantor
3) absolute warrandice - implied level by contract of sale and where deeds say “I grant warrandice” without specifiying the type. Absolute warrandice is a guarantee that the grantee will acquire ownership and that the title will be unaffected by any encumbrances (i.e. Subordinate real rights)

A title condition will only be a breach of the warrandice if it was unknown by the grantee, is of a special type and materially lowers the value of the property)

Question 3

What’s the remedy for a breach of wardandice

Answer 3

Damages
No claim can be made under the warrandive in the deed however until the true owner moves to evict the

The warrandixe in the contract leaves the buyer in a stronger position as they can refuse to settle until given what they bargained for. If the defect is a material breach, recission is possible.

Warrandice can be assigned (Cobham v Minter)

Question 4

What are the three stages of the sale of land

Answer 4

1) Contract (has to be signed and in writing ROW(S)A 1995 s1 (2ai). Usually in the form of missives . The buyers solicitor will check the title.
Is companies house and the Register of Inhibitions. It’s an implied term for the contract of sale of heritable property that the seller has the power to dispose.
2) Settlement (buyer pays price and seller gives possession and delivers the disposition). At this point the buyer doesn’t acquire ownership but rathe the right to BECOME owner without any further operation from the grantee by registering the disposition in the Land Register
3) Registration

Ownership passes on registration of the deed ur the disposition