A more recent version of these Investigating Title Diagram notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
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
Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.