Notesale: Turn your study into money

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1
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: Deed, within ambit of
power, not revoked, POA
Presumption of validity of
granted < 12 months

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Two Main Enquires:
1
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Title Documents
b
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Searches and Enquires with TP’s and Seller
Title is Deduced by collating the title documents and investigation the
property (in line with the caveat Emptor principle)
Title Documents Include:
o
Official Copies
o
Title Plan
o
Copies of documents referred to in official copies but whole
details are not registered

Attorney

Exists – s
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103 LPA 1925
Buyer: only 1 & 2;
Seller: all 3

Mortgagee

BREAKDOWN OF KEY ELEMENTS
Official Copies

- Death Certificate
- Deed of Trustee
appointment
Grant of
representation of
deceased
Original or solicitor
specified copy of POA
If < 12 months,
statutory declaration
of non-revocation
Mortgage Deed

4
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HEADER
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Verify title number corresponds to heads of terms/contract
Note the search from date (important at completion)

2
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PROPRIETORSHIP REGISTER
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Burden does not run, buyer must provide indemnity covenant
o
In proprietorship register; a promise to comply
Remedies for breach
o
Current breach: ‘Condition’ in contract to remedy precompletion, Reduce price proportionately, Insurance, Consent
from PWB
o
Future breach: Advice on possibility of enforcement, Insurance,
Consent from PWB

c) Mortgages
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May be fully set out in register or separately filed
Burden and benefit run with land (Tulk v Moxhay)
Remedying sellers breach:
o
Covenant Insurance
o
Consent of person wit benefit (PWB)
o
Upper Tribunal (Lands Chamber)

Get advice on nature and extent of easements effecting property
May be unregistered rights which override: make enquiries with seller
o
Legal Easements via para
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27(2)(d) LRA 2002)
o
Equitable Easements will not override unless transitional period
applied per para

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