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Unregistered Title Condensed Notes
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Chapter 5 – Unregistered Titles SGS 6 – Unregistered TitlesDate of compulsory first registration for conveyance or mortgage of unregistered freehold – 1 December 1990
Date of compulsory first registration for gift or assent of unregistered freehold – 1 April 1998
Last sale or mortgage before 1 December 1990 1. Proceed as unregistered land purchase
Last sale or mortgage after 1 December 1990 1. Raise an enquiry with seller’s solicitor
2. Require seller to apply for retrospective registration of title
3. Transaction proceed as registered land purchase
Deducing Unregistered Title
Title information for unregistered land is contained in a bundle of document called an epitome of title, in the form of –
1. Front sheet (not strictly part of the epitome) plus
2. Copies of the following documents –
(1) Good root of title (conveyance to the current seller) (must pre-date 1 December 1990)
(2) Documents referred to in root of title (which satisfy LPA 1925, s.45, see below)
(3) Relevant documents relating to the land, such as –
(i) Deeds of easements
(ii) Current (not expired) leases
(4) Assent, grant of probate or deed of gift (where the seller did not acquire by way of conveyance)
(5) Evidence of any change of name of any estate owner revealed in epitome of title, such as –
(i) Marriage certificate
(ii) Deed poll
(iii) Statutory declaration
(iv) Certificate of incorporation on change of name
(6) Legal (normally only post-root) mortgage along with any evidence of discharge
Buyer is not entitled to see pre-root documents (LPA 1925, s.45), unless it is (LPA 1925, s.45(1)(b)(i)-(iii)) –
(7) A power of attorney under which any documents have been executed
(8) A pre-root document referred to in the root of title or a pre-root conveyance
The following does not have to be included in the epitome of title –
1. Trust deed
2. Expired leases
3. Pre-root documents (except for those referred above)
4. Central Land Charge search certificates (although often attached)
Investigating Unregistered Title
S CLC searches, SIM searches and company searches (if applicable)
C Positive and restrictive covenants and easements
A Ad valorem stamps, PD stamps and certificates of value
R Root of title
E Execution of documents
D Discharged mortgages
Good root Common law dictates that a good root of title must –
1. Be a conveyance (as opposed to a gift or assent)
2. Be dated before 1 December 1990
o In practice – pre-dates 1 December 1990
o In theory – at least 15 years old at exchange of contract (LPA 1925, s.44(1))
o Seller acquired by conveyance – not an issue, must pre-date 1 December 1990
o Seller acquired otherwise than for value less than 15 years ago from date of exchange –
(i) Root of title will be the conveyance to previous estate owner
(ii) Epitome of title will include deed of gift or grant of probate to seller
3. Contain a description by which the property can be identified (preferably by reference to a plan) –
o ‘ALL THAT piece of land situated in and having a frontage to Yew Tree Crescent, Fernside,
Worsley, Manchester together with the messuage or dwelling house erected thereon and
appurtenances thereto belonging situate and known as Plot Number 6 Yew Tree Crescent
1
, Chapter 5 – Unregistered Titles SGS 6 – Unregistered Titles
aforesaid ALL WHICH said property hereby conveyed is more particularly delineated on the
plan annexed hereto and thereon edged in red and is hereinafter called “the Property”’
4. Deals with both legal and equitable interest (root of title must be –)
o By deed (LPA 1925, s.52)
o Validly executed and stamped
5. Casts no doubt on the seller’s title, such as –
o Missing power of attorney (document (7))
o No evidence of death
o No evidence of change of name (document (5))
NB: choose the most recent conveyance where several meets the above requirements
Validly executed as a deed
All documents transferring an interest in land must be by deed (e.g. form TR1, root of title, etc.)
NB: LR confirmed that invalid execution does not matter on pre-root document, only for root of title
Formal requirements for a deed (LPA 1925, s.52) –
1. Clear on the face that it is a deed (e.g. on title and execution)
2. Validly executed as a deed (e.g. where sale executed by executor)
3. Executed as a whole physical document
4. Delivered as a deed (seller indicates some intention to be bound; e.g. handing over keys on
completion)
Valid execution of a deed on or before 31 July 1990
For an individual: signed, sealed, delivered and witnessed –
SIGNED SEALED AND DELIVERED )
by the said NIGEL KING in the ) N King
presence of: )
L Brian
Peters and Co Solicitors Sheffield
For a company: company seal affixed in presence of two directors (or one and the secretary) –
THE COMMON SEAL of LIMEHOUSE )
DEVELOPMENT COMPANY LIMITED )
was hereunto affixed in the presence of: )
I. James Director
P. Murray Secretary
Valid execution of a deed after 31 July 1990
For an individual: signed in the presence of a witness and delivered as a deed (LP(MP)A, s.1(3)) –
Signed as a deed by NIGEL KING
in the presence of: N King
Witness:
M Motherwell
10 Yew Tree Crescent
Fernside, Worsley, Manchester.
Schoolteacher
For a company (CA, s.36A):
o Signed by two authorised directors (or one and the secretary) or –
EXECUTED as a DEED )
and delivered by ABC )
LIMITED acting by: )
Director J. Smith
Director/Secretary P. Jones
o Company seal affixed in presence of two directors (or one and the secretary) –
THE COMMON SEAL of ABC LIMITED )
was hereunto affixed in the presence of: )
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