LPC Law Notes > Cambridge And Oxilp And College Of Law LPC Law Notes > Property Law and Practice Notes

Registered Title Investigations Crib Sheet Notes

This is a sample of our (approximately) 3 page long Registered Title Investigations Crib Sheet notes, which we sell as part of the Property Law and Practice Notes collection, a Distinction package written at Cambridge And Oxilp And College Of Law in 2016 that contains (approximately) 450 pages of notes across 126 different documents.

Learn more about our Property Law and Practice Notes

The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

Registered Title Investigations Crib Sheet Revision

The following is a plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

Registered Title Investigations (Acting for Buyer)

1. Property Register a. Refers to covenants benefiting the Property to rights which burden the property b. Is there a reference to a conveyance where the covenant is not stated?
b.i. Need to apply for copy from Land Registry or ask seller if they have copy of conveyance to see details of adverse rights to inform client c. Is there an easement which would restrict development?
c.i. No right to easement of light or air that would restrict development on neighbouring land?
c.i.1. Need to identify neighbouring land which be developed in future to inform clients & assess likelihood of development on land which could adversely block light & air to property c.ii. Easement to use common area?
c.ii.1. Who is responsible for area?
c.ii.2. Discuss with seller - seek a variation

2. Proprietorship registry a. Is there an indication of a chain of personal indemnity covenants which the Seller will presumably want to continue a.i. Need to advise clients of this & SCPC 6.6.4 buyer will be required to give indemnity covenant a.ii. Client will need to abide by covenants in Charges Register

3. Charges Register a. Restrictive covenants a.i. APPLY TO FACTS a.i.1. Ask seller if he knows who currently has benefit of covenants a.i.2. If know who has benefit can ask them for release a.i.3. Apply to Upper Tribunals Land Chamber for release 84 LPA 1925 a.i.4. Obtain insurance a.i.4.a. Insurers will only offer insurance if those with the benefit have not yet been approached or tipped off b. Positive covenants b.i. These do not run with the land, however if client is entering into a personal indemnity covenant with seller then personally bound to comply with positive covenants c. Mortgages c.i. Ensure contract does not contain any term that client takes subject to mortgage c.ii. Gain an undertaking from seller's solicitor that mortgage will be discharged before completion c.iii. Take off charges register after completion d. Leases d.i. Check key terms d.ii. Are they contracted out of LTA 1954?

4. Contract a. Specified incumbrances correct?
a.i. Ensure no reference to mortgage b. Contract rate should not be fixed & is it the correct value? 4% above base rate b.i. Usually desirable for it to be flexible - "from time to time in force" c. Are there chattels in the sale?
d. Any special conditions required to be included?
e. Leave date blank - filled in upon exchange & Completion date left blank?
f. Are the addresses & names of buyer & seller correct g. Is the property correct & title number?

****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.

Related Property Law And Practice Samples: