A more recent version of these Registered Title Investigations Crib Sheet 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:
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?
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