Unregistered property

Question 1

How to investigate unregistered title?

Answer 1

Title deeds and charges in the seller’s name need to be located

Question 2

Epitome of title: root of tile

Answer 2

1. Must be dated more than 15 years ago
2. Deals with both legal and beneficial title (beneficial title assumed to pass with legal title unless conveyance deals with ‘bare legal title’)
3. Adequately describes the extent of the land being conveyed
4. Does not cast doubt on the seller’s title

Seller’s solicitor should identify the root of title and establish a chain of title from that deed to the seller

Question 3

What is an index map search?

Answer 3

This search reveals if there’s:
- Any registered titles within the boundary
- Pending applications for registration
- A caution against first registration

Question 4

Stamping of conveyances

Answer 4

As well as being validly executed, each conveyance in the chain of title must have been correctly stamped, showing that the correct amount of stamp duty has been paid

If stamp duty is missing, then the buyer’s solicitor should insist that the seller pays the outstanding stamp duty and provides proof that this has been done (interest and penalties for late payment)

Question 5

How long after completion does the buyer’s solicitor have to register the land for the first time?

Answer 5

2 months

If this is not complied with, the transaction is void and an application must be made to the Land Registrar to extend the period