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Title Investigation Condensed Notes
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By: kokosher • 2 year ago
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Chapter 1 – Registered Property: Title Investigation SGS 1 – Title Investigation, Searches and Standard EnquiriesTitle documents include –
1. Official copies (OC’s)
2. Title plan
3. Copies of documents referred to in OC’s
Seller’s solicitor is responsible for –
1. Deducing title (demonstrate ownership through title documents)
2. Sending title documents and draft contract to buyer
Buyer’s solicitor is responsible for –
1. Obtain OC’s from Land Registry (LR)
o NB: OC’s must be less than 1 year old
2. Investigating title (ensure no defects in title documents)
3. Providing the buyer with a Report on Title outlining results
4. Abide by CCS standards
o Ensure that the client is aware of all material
information within knowledge (CCS, 6.4)
o Provide information in a way that the client can
understand, so that he in a position to make informed
decisions (CCS, 8.6)
The official copies include –
1. Property register
o Describes the property
o Rights benefitting the property
2. Proprietorship register
o Class of title
o Owner’s name and address
o Entries affecting owner’s right of disposal
3. Charges register
o Charges burdening the property
Potential Entries Questions
Date and time of issue of OC’s (used as ‘Search from Check that OC’s are recent (ideally less than 2 months, at
Header
Date’ in pre-completion OS1 search at LR) least less than 1 year from proposed date of completion)
Edition Date of OC’s (last amended by LR) Title number correspond to contract and TR1?
Title Number
Date property was first registered Does description match contract and TR1?
Property
Freehold or leasehold Easements or other rights benefitting the property?
Description by reference to address and title plan Easements adequate for intended use?
Easements benefiting (e.g. right of way) Maintenance costs of easements?
Exclusions from the title (e.g. parcels of land, mine) Exclusions from the land? Effect on intended use?
Class of title (e.g. title absolute) Check that class of title is absolute (LRA 2002, s.9(2))
Proprietorship
Registered proprietor(s) Check that seller is registered proprietor (if not, who is)
Indemnity covenant Check that company number on Companies House (if seller is
Restrictions affecting rights of disposal (e.g. a company) to see if current name matches contract
mortgage, tenancy) Indemnity covenant? Effect on buyer and intended use?
Price of property when last bought Restrictions? What is the effect of such restrictions?
1
, Chapter 1 – Registered Property: Title Investigation SGS 1 – Title Investigation, Searches and Standard Enquiries
Easements burdening the property Easement or covenant burden property?
Charges
Restrictive covenants Restrictive covenant breached by seller?
Positive covenants Effect of charge or breach on intended use?
Mortgages Positive covenants? Indemnity covenant entry in
Registered leases Proprietorship Register or seller was original covenanter?
Positive covenant breached by seller? Effect on intended use?
Mortgages? Explore methods of discharging
Leases? Buyer purchasing subject to leases?
Depiction of the property Check that land in contract matches with title plan
Title Plan
Depiction of extracted easements Check colouring, hatching or coding on plan which may
indicate boundary responsibility, easements or land
previously removed from the title
Non-extracted documents referred to requiring inspection?
Other
Are copies of non-extracted documents deduced by seller’s
solicitor or available at the LR?
Property Register
Right of way Adequacy Legal adequacy – wording adequate for intended use (e.g. time of use, by foot, by vehicle)
Physical adequacy – width, pavement, etc.
Check that property has access to public highway
Account for front, rear and any other accesses
Additional needs may be acquired by Deed of Variation
Maintenance Common law dictates dominant owner must contribute to maintenance
NB: ask seller whether they contributed to maintenance in last 3 years
Warn buyer of potential maintenance contributions in the future
Adoption Frontagers have to contribute to bring road up to acceptable standard for adoption
Warn buyer of potential contributions to repair road for adoption
NB: check CON 29 for current plans for adoption
Registration Right of way is registered in property register of dominant tenement
Right of way is registered in charges register of servient tenement
NB: SIM search to determine whether servient tenement is registered
Registered – check charges register of servient tenement
Unregistered – enter Caution Against First Registration against servient tenement
Easements Right to lay pipes for water and sewage
Right to lay pipes under another’s privately owned land
Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011 –
Ownership of all private sewers serving more than one property and lateral drains connected to
public sewage system was transferred on 1 Oct 2011 to sewage undertakers
Right to light
Right to uninterrupted flow of sufficient light for the comfortable use and enjoyment of the building (Colls)
Right of light can be established by –
1. Express grant by deed or
2. Prescription Act 1832 (20 years without interruption or consent)
Where registered land and right of light –
Benefits the land, it is recorded in the property register
Excluded from the land, it is recorded in the property register
Burdens the land, it is recorded in the charges register
Excluded rights
Where previous seller retained a right (e.g. to fish or hunt or extract mines and minerals on the property etc.)
NB: check if it effects the proposed use and simply report to buyer
Remedy for obstruction
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