SGS 1
Activity 1 Title Investigation (20 Marks)
• What is the issue?
• Why is it an issue to client?
• Resolve the issue
Structure
1. Identify the issue
a. In which register?
b. What is the number of the entry?
2. Describe the entry and the issue which is noted
a. What does the entry say
b. Explain in your own words
3. Explain to the client
a. Why is the entry a problem for this particular client?
i. Type of business?
ii. Are they sensitive in any way?
iii. Do they want to undertake a particular action?
b. Relate to the facts provided and tailor your answer to the particular client
4. What is the appropriate action in the circumstances?
a. Initially:
i. Make enquiries of the seller
ii. Make Enquiries at the land registry
iii. Inform the client
b. Does further action need to be taken?
i. Surveys (SGS 2)
ii. Expert Advice
c. Solve the issue if possible (explain in depth)
i. Defective title indemnity insurance
ii. Putting a special condition in the contract
iii. Appointing a second tenant
5. Professional Conduct:
a. FSMA 19(2)
b. CCS 6.4/ 8.6.
Preliminary Issues
,How recent are the official copies?
• If <1 year, they are fine,
• If more than 1 year, you may want to be sent the most recent ones
• OS1 – Make a note that this is the date for later
What are the three registers?
1. Property Register – describes the extent of the property and rights benefiting the property
(e.g. easements)
2. Proprietorship Register – gives the class of title, the owner’s name and address and entries
affecting the owner’s right of disposal (e.g. a lender’s restriction on the disposal of the
property by the owner).
3. Charges Register – lists “charges” burdening the property i.e. third party rights over the
property (e.g. mortgages, positive covenants, restrictive covenants, leases or the burden of
easements)
Property Register
1. Whether it is Freehold or Leasehold?
2. Excluded rights
a. Rights extracted on the register – no need to obtain copy of the documents creating
the right
b. Rights set out in documents annexed to register e.g. a deed – the seller’s solicitor
must send a copy of the document to the buyer’s solicitor, along with the official
copies
Common rights benefiting the property
Right of Way 1. Adequacy
a. Means – vehicles
b. Time – between hours of…
c. Physical adequacy – wide / high enough for client’s use: suggest that
they instruct a surveyor to take a look at it
d. Solution = Deed of variation entered into with the owner of the
burdened land. He may say no, but will more likely ask for payment to
vary.
2. Maintenance
a. What does the easement say?
b. CPSEs (questions to seller) – ask how much seller has contributed (in last
3 years)
i. If CPSEs state how much has been contributed, report this to
the client;
ii. If not, make further enquiries of seller
c. If nothing in easement – there is a common law liability to pay towards
its reasonable maintenance
3. Adoption
, a. Check CON 29 (doc 52 EH pack) – Box C => gives roads to be searched;
result 2.1(a) = which roads are public
b. Plans to adopt – Y/N (drawn out in Local Authority answers to default
CON29 questions)
c. Warn that could be adopted in future + would have to bring up to the
adopted standard, incurring costs
4. Registration
a. Must be registered on the charges register of the burdened land (check
that this is the case by doing…
b. SIM search of relevant area + will bring back registered properties within
land searched => allows us to find out title number
c. If registered, check appropriate title number official copy – charges
register
d. If unregistered, apply to the Land Registry for a caution against first
registration, whereby the land registry will enter the charge when the
land is registered
Rights to lay • Ownership of all private sewers (i) serving more than one property and (ii)
pipes for connected to public sewerage are now under the remit of statutory sewerage
water and undertakers
sewage • Responsibility for drains located within a property’s boundaries which only serve
that property remains with the property owner.
Rights of Can be established by:
light
1. Express grant deed (rare)
2. Prescription : (i) enjoyed without interruption, (ii) for a period of at least 20
years from the date on which the action asserting the right was begun and
(iii) the light has to have been enjoyed without any written consent
• If benefiting – Property Register
• If burdened – Charges Register
Remedy – action for nuisance
Public Right • Found on CON29 – impeding is a criminal offence + must therefore consider if
of Way this hinders buyer’s plans for property + make client aware
What are the remedy of obstructions of an easement?
An action of nuisance, where the claimant will have to prove: (i) title to the easement (e.g.
by way of express grant), ii) the scope of the easement, iii) that there has been a substantial
interreference.
, Proprietorship Register
1. Shows class of title
2. Identifies the Registered Proprietor
3. Sets out any restrictions affecting the owner’s right of disposal (e.g. mortgage)
4. Sets out an indemnity covenant (binds positive covenants)
5. Shows the price the property was last brought at.
Class of title
• Title Absolute – Best, no issues.
• Qualified Title – this is where the proprietor’s ownership has been established only for a limited
period or is subject to reservation which cannot be disregarded e.g. certain title documents
were missing when land was registered
• Possessory Title – this is where the proprietor is in actual possession or in receipt of the rents
and profits but has no further documentary evidence e.g. a squatter.
• Good Leasehold – this is where the proprietor could not provide evidence of the landlord’s title
to the land.
• s.62 – LRA 2002 – Land Registry can upgrade title
• Schedule 8 – Land Registry can indemnify loss for incorrect identification of Title Absolute
The Registered Proprietor
1. Ask yourself, is the person youa re dealing with the right person?
2. Cross check with Memo, has there been a change of name? You will need a change of name
certificate or a title deed? Company’s House Search?
3. Could be (i) an individual, (ii) a Company, (iii) an LLP or (iv) Joint individuals
a. Sale by an individual – individual must sign the contract and execute the purchase
deed (TR1)
b. Sale by a company - The company must sign the contract and execute the purchase
deed (TR1)
c. Sale by an LLP – It must be executed by the LLP (two members or one member and a
witness)
d. Sale by Joint/co-owners – might be Joint Tenants or Tenants in Common
i. Joint Tenants – beneficial interest in the property will pass on automatically
to the survivors
ii. Tenants in Common – When one of the joint owners dies, (ii) the legal
estate in the property will pass automatically to the survivor but, (ii) the
deceased’s beneficial interest passes on via the deceased’s will/ rules of
intestacy
Activity 1 Title Investigation (20 Marks)
• What is the issue?
• Why is it an issue to client?
• Resolve the issue
Structure
1. Identify the issue
a. In which register?
b. What is the number of the entry?
2. Describe the entry and the issue which is noted
a. What does the entry say
b. Explain in your own words
3. Explain to the client
a. Why is the entry a problem for this particular client?
i. Type of business?
ii. Are they sensitive in any way?
iii. Do they want to undertake a particular action?
b. Relate to the facts provided and tailor your answer to the particular client
4. What is the appropriate action in the circumstances?
a. Initially:
i. Make enquiries of the seller
ii. Make Enquiries at the land registry
iii. Inform the client
b. Does further action need to be taken?
i. Surveys (SGS 2)
ii. Expert Advice
c. Solve the issue if possible (explain in depth)
i. Defective title indemnity insurance
ii. Putting a special condition in the contract
iii. Appointing a second tenant
5. Professional Conduct:
a. FSMA 19(2)
b. CCS 6.4/ 8.6.
Preliminary Issues
,How recent are the official copies?
• If <1 year, they are fine,
• If more than 1 year, you may want to be sent the most recent ones
• OS1 – Make a note that this is the date for later
What are the three registers?
1. Property Register – describes the extent of the property and rights benefiting the property
(e.g. easements)
2. Proprietorship Register – gives the class of title, the owner’s name and address and entries
affecting the owner’s right of disposal (e.g. a lender’s restriction on the disposal of the
property by the owner).
3. Charges Register – lists “charges” burdening the property i.e. third party rights over the
property (e.g. mortgages, positive covenants, restrictive covenants, leases or the burden of
easements)
Property Register
1. Whether it is Freehold or Leasehold?
2. Excluded rights
a. Rights extracted on the register – no need to obtain copy of the documents creating
the right
b. Rights set out in documents annexed to register e.g. a deed – the seller’s solicitor
must send a copy of the document to the buyer’s solicitor, along with the official
copies
Common rights benefiting the property
Right of Way 1. Adequacy
a. Means – vehicles
b. Time – between hours of…
c. Physical adequacy – wide / high enough for client’s use: suggest that
they instruct a surveyor to take a look at it
d. Solution = Deed of variation entered into with the owner of the
burdened land. He may say no, but will more likely ask for payment to
vary.
2. Maintenance
a. What does the easement say?
b. CPSEs (questions to seller) – ask how much seller has contributed (in last
3 years)
i. If CPSEs state how much has been contributed, report this to
the client;
ii. If not, make further enquiries of seller
c. If nothing in easement – there is a common law liability to pay towards
its reasonable maintenance
3. Adoption
, a. Check CON 29 (doc 52 EH pack) – Box C => gives roads to be searched;
result 2.1(a) = which roads are public
b. Plans to adopt – Y/N (drawn out in Local Authority answers to default
CON29 questions)
c. Warn that could be adopted in future + would have to bring up to the
adopted standard, incurring costs
4. Registration
a. Must be registered on the charges register of the burdened land (check
that this is the case by doing…
b. SIM search of relevant area + will bring back registered properties within
land searched => allows us to find out title number
c. If registered, check appropriate title number official copy – charges
register
d. If unregistered, apply to the Land Registry for a caution against first
registration, whereby the land registry will enter the charge when the
land is registered
Rights to lay • Ownership of all private sewers (i) serving more than one property and (ii)
pipes for connected to public sewerage are now under the remit of statutory sewerage
water and undertakers
sewage • Responsibility for drains located within a property’s boundaries which only serve
that property remains with the property owner.
Rights of Can be established by:
light
1. Express grant deed (rare)
2. Prescription : (i) enjoyed without interruption, (ii) for a period of at least 20
years from the date on which the action asserting the right was begun and
(iii) the light has to have been enjoyed without any written consent
• If benefiting – Property Register
• If burdened – Charges Register
Remedy – action for nuisance
Public Right • Found on CON29 – impeding is a criminal offence + must therefore consider if
of Way this hinders buyer’s plans for property + make client aware
What are the remedy of obstructions of an easement?
An action of nuisance, where the claimant will have to prove: (i) title to the easement (e.g.
by way of express grant), ii) the scope of the easement, iii) that there has been a substantial
interreference.
, Proprietorship Register
1. Shows class of title
2. Identifies the Registered Proprietor
3. Sets out any restrictions affecting the owner’s right of disposal (e.g. mortgage)
4. Sets out an indemnity covenant (binds positive covenants)
5. Shows the price the property was last brought at.
Class of title
• Title Absolute – Best, no issues.
• Qualified Title – this is where the proprietor’s ownership has been established only for a limited
period or is subject to reservation which cannot be disregarded e.g. certain title documents
were missing when land was registered
• Possessory Title – this is where the proprietor is in actual possession or in receipt of the rents
and profits but has no further documentary evidence e.g. a squatter.
• Good Leasehold – this is where the proprietor could not provide evidence of the landlord’s title
to the land.
• s.62 – LRA 2002 – Land Registry can upgrade title
• Schedule 8 – Land Registry can indemnify loss for incorrect identification of Title Absolute
The Registered Proprietor
1. Ask yourself, is the person youa re dealing with the right person?
2. Cross check with Memo, has there been a change of name? You will need a change of name
certificate or a title deed? Company’s House Search?
3. Could be (i) an individual, (ii) a Company, (iii) an LLP or (iv) Joint individuals
a. Sale by an individual – individual must sign the contract and execute the purchase
deed (TR1)
b. Sale by a company - The company must sign the contract and execute the purchase
deed (TR1)
c. Sale by an LLP – It must be executed by the LLP (two members or one member and a
witness)
d. Sale by Joint/co-owners – might be Joint Tenants or Tenants in Common
i. Joint Tenants – beneficial interest in the property will pass on automatically
to the survivors
ii. Tenants in Common – When one of the joint owners dies, (ii) the legal
estate in the property will pass automatically to the survivor but, (ii) the
deceased’s beneficial interest passes on via the deceased’s will/ rules of
intestacy
