Investigating title

What "Investigating title" covers

• For registered land, obtain official copies of the register and title plan from HM Land Registry and check the class of title (absolute, possessory or qualified).
• The register has three parts: the Property Register (the estate and its benefits), the Proprietorship Register (owner, class of title and any restrictions) and the Charges Register (mortgages, covenants and easements that burden the land).
• For unregistered land, examine the epitome of title and deduce a good root of title at least 15 years old, tracing an unbroken chain of ownership.
• Identify third-party interests: restrictive covenants, easements, charges, notices and restrictions.
• Overriding interests under LRA 2002 Schedule 3 bind a buyer even though they do not appear on the register, notably the interests of persons in actual occupation and short legal leases.
• A Form A restriction indicates a tenancy in common; appoint a second trustee so purchase money overreaches any beneficial interest.
• Raise requisitions with the seller to resolve any defect or query on the title.

Key cases & statutes

The authorities and provisions most likely to matter for this subtopic:

How it's tested in SQE1

SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For investigating title, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.

Where candidates lose marks

• Missing overriding interests, such as an occupier's rights, that are not on the register.
• Accepting a defective or too-recent root of title in unregistered conveyancing.
• Failing to overreach a beneficial interest by not appointing a second trustee.

FAQ

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