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PLP > Unregistered land sgs 6 > Flashcards

Unregistered land sgs 6 Flashcards

1
Q

What does each letter in the mnemonic ‘SCARED’ stand for?

A 
S - Searches
C - Covenants/ Easements
A - Ad valorem/ Cert of value PD Stamp
R - Root of Title
E - Execution of documents
D - Discharged mortgages
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2
Q

Searches?

A

Central Land Charges Searches

  • Against full name of all estate owners revealed anywhere in epitome of title
  • Search periods cover full period of ownership
  • COMPLETION within protection period
  • Obtain office copies of registered central land charges
  • Company search if app’
  • Index map search over land being purchased and relevant adjoining
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3
Q

Covenants/easements?

A

Positive covenants: is there a chain of indemnity covs?

Restrictive covs: registered as D(II) Land Charge OR chain of indemnity covs
Past/future breach? If so: restrictive cov insurance; consent of PWB or upper tribunal…

Easements: benefit and burden - is burden in Charges Register of title affected (if that land is reg’d!). If not - caution against first registration needed? If not already made.

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4
Q

Ad valorem/ Cert of value PD stamp?

A

Either ad valorem stamps or cert of value OR both, but never neither.
PD stamp needed on every conveyance!
If no stamps, seller must apply for late stamping and pay penalty/ interest.

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5
Q

Root of title?

A

Conveyance should:

  • Adequately describe the property
  • Be dated at least 15 years before exchange of contracts (note if pre 1/12/90 it will be)
  • Cast no doubt on current seller’s title…
  • Deal with seller’s legal and equitable interest….
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6
Q

Execution of Documents?

A

Check date of execution! Effect of LP(MP)A 1989

If sig is a company:

Pre 31st July 1990: SEAL WITNESSED by 2 ds OR sec and d
Post 31st July 1990: EXECUTED ‘BY COMPANY’ - sig of 2 ds OR 1d and 1 co sec

Under CA 2006: can use either form as above, OR SIGNED BY 1 D IN PRESENCE OF WITNESS, OR check articles

If sig is individual:

  • pre 31st July 1990: signed, SEALED and delivered as a deed
  • post 31st July 1990: executed as a deed and signature witnessed
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7
Q

Discharged mortgages?

A

Bank/ building soc RECEIPT: dated and signed by lender; borrower named as paying party.

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8
Q

What date was compulsory first registration made the case throughout the UK?

A

1st December 1990 (prior to this it was phased in)

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9
Q

What is the basic position of s.45 LPA 1925 re what docs must be sent to the purchaser?

A

The purchaser is not entitled to see any document that preceeds the root of title, except where a cross-reference to a pre-root document mentions ongoing interests or burdens in the land (e.g. restrictive or pos covs) and where ANY abstracted doc has been executed by power of attorney, the purchaser may request a copy of this.

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10
Q

As a transfer by way of gift or assent is not technically a legal transfer, what must be obtained to constitute root of title?

(triggered compulsory 1st reg on 1 April 1998…but this does not mean they will be!)

A

The conveyance made prior to the gift or assent together with the deed of gift or grant of probate will prove the current owner’s title, and thus legal right to sell.

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11
Q

What are the aims of the buyer and thus what do you need to report on to the buyer?

A
  • Does the seller have the right to sell?
  • What rights benefit the property
  • What 3rd party rights burden it
  • Ensure prop meets buyers requirements
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12
Q

s.9(2) LRA 2002 - LR will register a title as TITLE ABSOULTE if?

A

They are satisfied that it is good enough that a willing buyer advised properly by a competent professional advisor could accept.

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13
Q

What makes a deed a deed?! If not then no legal title!

A

By deed - correctly executed - correctly stamped root of title.

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14
Q

What might cast doubt on seller’s title, and thus what MUST YOU DO TO CHECK THIS?

A
  • There must be no unexplained gaps in transmission of title from the root to the current seller. Thus you must check names throughout bundle.
    e. g. person bought as one name and sold as another due to marriage - need marriage certificate as evidence

OR

seller is a company that has changed name - need Cert of Incorporation on Change of Name

OR

executed by PoA - need a certified copy of the Power

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15
Q

Describe the valid execution clauses for a deed pre 31 July 1990.

A

Individual:

[Signature and seal next to the below:]
SIGNED, SEALED AND DELIVERED by the said [individual] in the presence of:

Sig
Description (e.g. Solicitors)

Company:

THE COMMON SEAL of ? Ltd was hereunto affixed in the presence of:

Sig (Director)

Sig (Director/ Secretary)

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16
Q

What is the wording for a valid execution clause done via PoA?

A

SIGNED as a DEED and delivered by XY as attorney for AB in the presence of:

(Sig, name and address of witness)

Sig: ‘XY as attorney for AB’

OR

SIGNED as a DEED and delivered by AB acting by his/her attorney XY in the presence of:

(Sig, name, add)

Sig: AB by his/her attorney XY

17
Q

Handwrite a valid pre-31st July 1990 execution clause for an individual.

A

…

18
Q

Handwrite a valid pre-31st July 1990 execution clause for a company.

A

….

19
Q

Handwrite a valid execution clause by PoA.

A

….

20
Q

What are the ways a company can validly execute a deed post 31st July 1990?

A
  • Common seal method
  • By 2 directors signing it:

EXECUTED as a DEED and delivered by ? Ltd acting by:

D…..sig

D/S…..sig

21
Q

What must an individual do to validly execute post 31st July 1990?

A

Signed as a deed by NAME in the presence of:

Witness:
Sig
Address

22
Q

Hand write a post 31st July Execution clause for an individual and a company.

A

…..

23
Q

What are the problems with an unstamped conveyance?

How to solve?

A
  • Cannot form good root of title until the conveyance is stamped
  • Inadmissable in court
  • Penalties and interest are payable
  • Breaks chain of title - legal title will not pass to the buyer

Buyer should insist the seller arranges for the conveyance to be stamped and pay penalties before completion.

24
Q

What rights benefiting prop must buyer sol look out for?

A
  • Must check DESCRIPTION in BOTH CONTRACT and TRANSFER accord AND identifies any rights being granted expressly at time of sale –

The seller hereby conveys ….TOGETHER WITH the benefit of a right of way….

  • Easements already enjoyed
  • Granted by deed
  • Impliedly
  • By prescription
  • On sale of part Wheeldon v Burrows
  • Any seller is in the process of acquiring
25
Q

What is involved in a CLC search?

A

CLC via K15 - no subsisting entries on K17
Subsisting entries K18

Specify search period -

EARLIEST YEAR 1926

when CLC system began

(If don’t know when disposed of just do search period til acquisition by new owner)

Check that prev owner completed their purchase within the protection period of 15 WORKING days of CLC - if not would have to do new CLC

26
Q

Why must obtain an office copy of an CLCs?

A

To confirm:

  • the subject matter of the Land Charge
  • the document by which it was created
  • the extent of the land effected
  • the name and address of the person who applied to register it = PWB
27
Q

What might be registered against prev owners in the K18 form?

A

As per s.2 LCA 1972

  • Puisne mortgage (2nd mortgage)
  • ‘estate contract’ - long period between exchange and completion….or option to buy etc
  • Restrictive covenant! D(II) - will bind all subsequent purchasers w/o need to be registered against their name….so should at least be an indemnity covenant even if cannot find a D(II) in epitome….
  • equitable easement (legal ones e.g. created by deed or prescription do not need to be reg’d - bind the world)
  • Class F - spousal right of occupation
28
Q

Why is it particularly important to do a SIM search in conveyance of unregistered land?

A

Will confirm if any PART of the land being transferred is:

  • already registered
  • subject to a pending application to do so
  • subject to a caution against 1st registration
  • and or pending application for 1st registration

This means other parties might have interest in the land!

29
Q

Do you need to register a mortgage on unregistered land?

A

A 1st legal mortgage will bind a purchaser for value. This is discoverable by the fact the original title deeds will be absent - the lender keeps them as security til discharge.

A puisne mortgage cannot be protected like this - C(I)Land Charge or Companies House…

Proof of discharge in unreg’d land is:

Deed of discharge or validly executed receipt on face of mortgage.

Seller’s sol will undertake to remit funds and send receipt on discharge as proof.

30
Q

Positive cov?

A

Will be binding if there is a chain of indemnity covenants from original cov to seller.

Seller will want indemnity cov from the buyer.

Basic position of SCPC.

31
Q

What unregistered interests override at first registration? Where found?

A

Overriding interests at 1st registration are listed at schedule 1 of LRA 2002.

  • Non-registrable leases - NOT MORE THAN 7 years..e.g. leases that do not usually have to be registered! Leases of 7 years or less will be binding at FIRST REGISTRATION of freehold.
    H/e per sch 12 any leases granted before 2003 for longer than 7 years will continue to override.
  • Interests of persons in actual occupation
  • Easements….
32
Q

What must you remember re equitable easements?

A

To bind the land they must be registered as a D(III) Land Charge otherwise will not bind.

33
Q

Factors of legal easements (ie those created by deed or prescription whether or not the servient land is registered).

A

Legal easements will override first registration.

If burdens property must notify LR - if obvious from documents submitted fine otherwise must disclose on FR1.

Benefiting property - is it reg against servient land? Caution against 1st reg req?

34
Q

Post completion 1st registration.

A

Buyer’s sol will want to ensure that buyer obtains ‘Title Absolute’
So will need to ensure the following:

  • Prepare form FR1 and the fee
  • Evidence of good root of title
  • all validly executed and correctly stamped docs - conveyances, death certs, PoA, docs referred to in any conveyances
  • misc such as all search results - pre contract, CLC, SIM, replies to enquiries
  • the contract, SDLT5, TR1, mortgage cert
  • If company MR01

2 months BUT NEEDS TO BE WITHIN PROTECTION PERIOD OF CLC anyway which is 15 days

PLP (22 decks)

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