This document covers the various title issues that may arise in the exam. Full descriptions of title entries and how to deal with them.
Exam ready notes.
TITLE INVESTIGATION
Title investigation is the first stage of the due diligence process. Every piece of registered land in England and Wales
has its own unique title number and its own register of title at the Land Registry. The register of title shows the
address and owner of the property and gives details of any rights benefiting the property or adverse rights affecting
it.
CONDUCTING A TITLE INVESTIGATION
1: Conduct an investigation of title on behalf of a buyer client to establish ownership and whether the property
benefits from or is subject to any rights.
ISSUES AND ANALYSIS
2: Identify any issues arising from the title investigation and analyse the issues in light of a buyer client’s particular
circumstances.
FURTHER ACTIONS
3: Conclude when further action needs to be taken in respect of an issue, either by raising further enquiries or by
taking steps to protect a buyer client.
Identify the issue
In which register does the issue appear? What numbered entry?
Describe the issue
What does the entry say, in your own words?
Explain the issue to the client
Why is the entry an issue for this particular client? For example, does it restrict building
when the client wants to build?
Action – what is appropriate in the circumstances…
enquiry - a further search, a request of the Land Registry, or a further enquiry of the seller?
tell client - simply inform the client or advise the client to take further action e.g. a survey?
cure defects - defective title indemnity insurance or a special condition in the contract?
, Title Investigation Issue Table
Issues Explain + Actions
Easement/Right of Way + Positive Covenant Describe:
A2 – Property Register - Gives right of way to client and owners of number 32+40
“TOGETHER WITH a right of way in common and a requirement to contribute to maintenance jointly.
with the owners for the time being of
numbers 32 and 40 Fletton Street for the Explain relevance:
Purchaser and his successors in title to pass - If client wants to refurbish or extend building, couldn’t
and repass over the land shown hatched block this part of land as it has shared access with
brown on the plan attached hereto with or numbers 32+40.
without vehicles during normal working - Will need to contribute to cost of maintenance.
hours for the purpose of gaining access to
and egress from the rear of the property Actions:
hereby conveyed AND SUBJECT TO the - Enquiries:
owners for the time being of numbers 32 o Ask seller whether there have been any previous
and 40 Fletton Street having similar rights disputes about this? If there have been any
over that part of the land hatched brown on breaches have, they been enforced? How much
the plan attached hereto as forms part of the has maintenance actually costed them?
property hereby conveyed and also SUBJECT o Personal inspection of the property to see what
TO the Purchaser and his successors in title condition it is in.
paying a fair and reasonable proportion of o If there is a missing area on the plan that access
the costs of maintaining the land shown may be needed to, find out if there could be an
hatched brown on the plan attached implied easement/inspect the land.
hereto.”
o What are ‘normal working hours’?
o Does the easement cover the entirety of the
physical route needed?
- Tell client:
o They would be bound by a positive covenant to
contribute to maintenance of the alleyway if they
purchase the land.
- Cure defects:
o Get a statutory declaration from seller stating if
they have been in breach with no consequences.
May have acquired the easement through long use
(prescription) under the Prescription Act 1832.
o Get title indemnity insurance – to insure the buyer
against the risk of a 3rd party appearing to claim
against them.
o Could ask for the party with the benefit of the
covenant to release it – HOWEVER, it is much less
likely that we will be able to get insurance once we
have alerted the PwB of our current or future
breach, so should seek insurance first. If the
insurance is prohibitively expensive = seek
consent.
“TOGETHER WITH the use (in common with Describe:
all others entitled to the like user) of all - Right to use equally with others all drains, sewers, gutters,
drains sewers gutters channels spouts channels, spouts, chimneys, stacks and other like
chimney stacks and other like conveniences conveniences.
now used in common between the messuage - Positive covenant – to contribute equally to the expense of
and hereditaments hereby conveyed and the repairs and maintenance.
adjoining messuage and hereditaments
known as Number 1 Portland Place aforesaid Explain relevance:
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