Week 2- Investigation of title

Question 1

When does title deduction and investigation happen?

Answer 1

Early on in the pre-exchange of contracts stage

Question 2

What are the 3 sets of documents used for deducing registered title?

Answer 2

1) “Official Copies”: 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 3

What 3 registers comprise the Land Registry “Official copies”?

Answer 3

1) Proprietorship register
2) Property register
3) Charges register

Question 4

What’s in the property register?

Answer 4

1) Description of the property (incl title plan)
2) Rights benefiting the property
eg: rights of way (covenants/easements)

NB Only the benefit of any such right will appear on the property register, so it will only appear if the property is the dominant land/tenement.

Question 5

Describe what is meant by an ‘extracted’ right

Answer 5

An extracted right = a right which is extracted in (i.e. put on) the register. Eg: The land has the benefit of the following right contained in a deed dated 13 February 1955: a right of way on foot only over the land coloured blue on the filed plan.

By contrast, a right which is not extracted on the register might be filed in another document
Eg: The land has the benefit of the right contained in a deed dated 13 February 1955.
NOTE: Copy filed.