A more recent version of these Unregistered Titles 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:
Unregistered Titles Investigations When investigating registered title remember SCRAPPED.
Searches A number of searches must be carried out.
CLC Searches CLC searches should be completed against all full names of all estate owners for the period of time they owned the property. If there is no definitive start date the earliest search date will be 1926. Beware of different names (i.e. common mistakes and previous surnames when marrying).
Company Search Company Searches should be carried out against previous company sellers to make sure they owned the property and that they are solvent.
Index Map Search An Index Map Search will be carried out over the land being purchased and the surrounding land to establish the boundaries of the land and identify the neighbouring properties.
Co-Ownership Owner Dates of Ownership X 1926 - ?
? - 2015 If the property is co-owned and one of the co-owners has died then this can cause issues. If the property was owned by Joint Tenants then the principle of survivorship applies, this means that the remaining Tenant can sell on their own. The joint tenancy will be severed if there is a bankruptcy order against one of the parties or a memorandum of severance exists. If the property was owned by Tenants in Common (or if a joint tenancy has been severed), the principle of survivorship does not apply. In this case the remaining Tenant will need to appoint a second trustee to override the deceased Tenant's rights.
Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.