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Investigating Title Diagram Notes

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Investigating Title

A) Property Register

What MUST be on the Property Register

1) Description of the extent of the property

Described by the address in the Property Register

Described by reference to the title plan

What MAY be on the Property Register

1) Rights benefiting the property

Easements (e.g. rights of way)

Restrictive covenants benefiting the land

a) Can be set out in one of two ways

1) Set out fully in the property register

2) By reference to another document which sets out the rights fully

b) Considerations for rights of way

1) Adequate - Is the right of way adequate for the buyer's purposes?

Might be by foot only but client needs vehicular access

If inadequate might need to vary by deed of variation

2) Maintenance - Who is responsible for maintaining it?

Enquire with the seller's solicitor if the seller has contributed towards the maintenance in the past, how much he contributed and how often.

Even if none in the past, may be required in the future

3) Adoption - Is the road likely to be adopted?

Find out with a CON29R search

The local authority can make private roads adopted

Buyer may have to bring the road up to the required standard of repair

4) Registration - Has the right been registered over the burdened land?

If the burdened land is registered, need to check its Charges Register

If the right is not there, make sure the seller gets it registered

If the burdened land is unregistered, a caution against first registration would need to be entered against he burdened land

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