Registered Property: Title Investigation

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SGS 1
Dean Walik
Flashcards by Dean Walik, updated more than 1 year ago
Dean Walik
Created by Dean Walik about 9 years ago
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Resource summary

Question Answer
Which documents constitute the title documents for registered land? 1. Official Copies of the Register 2.Title Plan 3. Copies of any documents referred to in the Official Copies of the Register
Who is responsible for title investigation? The buyer's solicitor
Which documents comprise the Official Copies of the Register? Property Register Proprietorship Register Charges Rester
What information does the Property Register contain? It describes the property and rights benefitting the property
What information does the Proprietorship Register contain? It gives the class of title, the owners name and address and entries affecting the owners rights of disposal
What information does the Charges Register contain? It lists charges burdening the property (covenants, mortgages, leases or the burden of easements)
What must the buyers solicitor advise on a right of way? 1. Adequacy-Does the right of way satisfy the buyer's needs? i.e If the right of way is only by foot but the buyer needs to drive. 2. Maintenance-Is it set out expressly in the extracted right in the Property Register. i.e Will the buyer need to contribute towards maintenance? 3. Adoption-Buyer must be advised of any potential future costs. i.e the maintenance of any private roads 4. Registration-Check if the burdened land is registered
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