Investigation Of A Registered Title Notes

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Investigation of a Registered Title Date of Copy??

Consistency?1. Check the Property Register P 39 & P 129

Is it recent enough?
(Worked example starts on p45, to p93 p151, p198, p260) It's the first bullet point on the official title Are the names and addresses in the Property Register the same as the sale contract?
Description of the land on registry matches the description on the contract?
Does the title number match that on the contract?
Is it freehold or leasehold, does this match the contract?
Which easements are enjoyed by the property? Do they match the needs of the client?
It Looks Like "TOGETHER with the right for the purchaser to drain water and soil from the property subject to the payment of..."

"TOGETHER with a right of way in common with the owner for the time being....SUBJECT TO the purchaser paying__ SUBJECT FURTHER TO the..

Identify/Entry
* Entry__ of the Property Register refers to an Easement of drainage* Entry__ refers to a Positive covenant to pay
- which will be enforceable - mutual benefit and burden Halsell v Brisell clause

? Entry__ of the Property?

Register refers to an easement to use right of?
way. Entry__ of the...refers to a Positive covenant to pay
- which will be enforceable - mutual benefit and burden Halsell v Brisell clause

Describe

Easement to allow drainage of water and soil from property.

"All mines and minerals under the land...hereby conveyed

Entry__ of the property register refers to a No right

Easement to useright of way. Positive covenant to pay - which ?
will beenforceable mutual benefit and burden. Halsall v Brizell?

to air/light

Entry__ of the property register refers to a Mines &
minerals not included in the

Action (Always Tell Client)

T&F Note Distinction between Positive and Negative/restrictive Covenants on

Client must be informed of the obligation

P 23"Purchaser shall not acquire any right of light or air or any easement which would interfere with or restrict free use of adjoining property"

Explain/Why is it a Problem?
The use of the drains comes with a cost of maintenance?

Tell the client.

Must pay % cost of access way if ?
wish to use it. If no wish to use no need to pay ?
but do not trespass If use but not pay thenmaintenance cost should be paid otherwise there will be trespass. Problem with buyer's use and enjoyment?

Check to see whether seller has paid. Check to see condition of access way. It is necessary to find a copy of the order making the "right of way" in order to find the exact route of this easement.?

Problem with future use?

Inform the client Identify the lands with the benefit and burden and ask owner of likelihood of development.

reveals that property doesn't enjoy rights to light over a specific adjoining
? Write to person with benefit: would property. This means that there is they negotiate to give up their nothing to stop the owner of the right?
relevant adjoining land building on that land & blocking off light to the
? Need to find out the precise location windows etc on the land buyer wants and extent of the adjoining land. to buy.

There is a history of mining on the landMake enquiries via a CON29M to find out about previous & future mining ops

?
and also the right to right to work and carry away"

"the land is subject to the covenants contained in the conveyance dated 1923 between..."There may be a Halsell v Brisell clause: cannot take benefit without burden??saleEntry__ of the property register refers to a Land subject to/come with covenants not referred to in bundle

Risk of subsidence and damage to the property Property's value may decrease in light of it Could works be re-opened on the land?Unknown covenants may interfere with intended use Liability for breach

Raise requisitions with the seller as to previous works and consequential damage to property

Apply for a copy of the conveyance referred to and then inform client Knock the price down because of the clause?

Is the class of title correct? Absolute is the best P 37(Classes of Titles) Does name of proprietor correspond with the name of the seller? If not, who can sell it?
What was the price paid for by the seller when they bought it?
Look out for co-owners It Looks Like

Identify/Entry

Describe

Explain/Why is it a Problem?

Action (Always Tell Client)

? Raise requisitions with the seller as to

2. Check the Proprietor ship Register P 39 & P 129"no disposition by a sole proprietor of the registered estate (except a trust corporation) under.."

Entry__ of the Proprietorship Registry refers to a Tenancy In

Common ("TIC")A restriction that shows joint proprietors are owners at equity as tenants-in-common. (brief reminder that at law the property can only be held as Joint Tenancy)

the other where the other party is.
? If TIC is alive, they must consent. If TIC REMEMBER that 1. co-owners is dead, obtain a death certificate &
can only hold the legal estate then appoint a 2nd trustee to as joint tenants as opposed to overreach. But if 3 own it: e.g. If A, B the equitable interest which and C own the property as a TC then, If A has died, the legal title will now vest in B and C can be held as joint tenants or (by operation of the rule of survivorship) as tenants-in-common; and 2. the legal estate can only be held under a JT. It That all living legal owners is only the equitable interest that will have must be a party to any sale been held under a TC which means that A's (e.g. if 3 living legal owners, 2 equitable interest will have passed to his can't sell the land) thus, all estate. Accordingly, C and B hold the legal estate on trust for themselves and A's estate. registered owners must The consequence of this is that in order to sell consent to sale the property free of the trust of land, the trust must be overreached. This occurs when the purchase money is paid to all the legal owners being at least two in number.

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