#3392 - Registered Title Investigations Crib Sheet - Property Law and Practice

Registered Title Investigations (Acting for Buyer)

1. Property Register

   1. Refers to covenants benefiting the Property to rights which burden the property

   2. Is there a reference to a conveyance where the covenant is not stated?

      1. Need to apply for copy from Land Registry or ask seller if they have copy of conveyance to see details of adverse rights to inform client

   3. Is there an easement which would restrict development?

      1. No right to easement of light or air that would restrict development on neighbouring land?

         1. Need to identify neighbouring land which be developed in future to inform clients & assess likelihood of development on land which could adversely block light & air to property

      2. Easement to use common area?

         1. Who is responsible for area?

         2. Discuss with seller – seek a variation

2. Proprietorship registry

   1. Is there an indication of a chain of personal indemnity covenants which the Seller will presumably want to continue

      1. Need to advise clients of this & SCPC 6.6.4 buyer will be required to give indemnity covenant

      2. Client will need to abide by covenants in Charges Register

3. Charges Register

   1. Restrictive covenants

      1. APPLY TO FACTS

         1. Ask seller if he knows who currently has benefit of covenants

         2. If know who has benefit can ask them for release

         3. Apply to Upper Tribunals Land Chamber for release 84 LPA 1925

         4. Obtain insurance

            1. Insurers will only offer insurance if those with the benefit have not yet been approached or tipped off

   2. Positive covenants

      1. These do not run with the land, however if client is entering into a personal indemnity covenant with seller then personally bound to comply with positive covenants

   3. Mortgages

      1. Ensure contract does not contain any term that client takes subject to mortgage

      2. Gain an undertaking from seller’s solicitor that mortgage will be discharged before completion

      3. Take off charges register after completion

   4. Leases

      1. Check key terms

      2. Are they contracted out of LTA 1954?

4. Contract

   1. Specified incumbrances correct?

      1. Ensure no reference to mortgage

   2. Contract rate should not be fixed & is it the correct value? 4% above base rate

      1. Usually desirable for it to be flexible – “from time to time in force”

   3. Are there chattels in the sale?

   4. Any special conditions required to be included?

   5. Leave date blank – filled in upon exchange & Completion date left blank?

   6. Are the addresses & names of buyer & seller correct

   7. Is the property correct & title number?

   8. Purchase price & deposit correct?

   9. Selling with appropriate title? – is there good reason to be selling with limited title?

5. Stuff to look out for:

   1. Was the property built within the last 10 years?

      1. Check planning permission & have copies

         1. Any conditions attached?

      2. Check building regulation consent obtained & copy provided

      3. Check roads & drains are adopted

         1. If not adopted, check adequate easements exist for access

   2. Access to property or services across neighbouring land?

      1. What are arrangements for maintenance & repaid of easements for access

   3. Occupiers?

      1. Equitable interest or tenancy

         1. Will they sign agreement to give up those rights on completion?

         2. Family Law rights registered

   4. Extensions or alterations carried out by previous owner?

      1. Guarantees for work

      2. Planning permission

         1. GDPO?

         2. copies been obtained & covenants complied with

      3. Consent for works obtained

         1. Insurance cover obtained for breach

      4. Did survey cover work to check that it was carried out to proper standard

6. Searches – APPLY TO FACTS

   1. LLC1

      1. Are there any current planning permissions relating to the Property or is the Property a listed building?

   2. CON29R

      1. Enquiry 1 - any planning consents & whether a listed building repairs notice has been issued?

      2. Enquiry 2 – to find out if roads are adopted & whether there will be no requirement for easements of use or a contribution towards maintenance

      3. Enquiry 3.4 & 3.5 – any new roads/railways proposed within 200 metres of the property

      4. Enquiry 3.6 – any proposals for permanently stopping road/footpaths or putting any other traffic schemes in operation

      5. Enquiry 3.9 – any planning enforcement/stop notices served

      6. Enquiry 3.11 – any proposed CPOs

      7. Enquiry 3.12 – any notices served in relation to remediation of contaminated land

   3. Letter to Highways authority

      1. Find out whether any strip of land has been adopted

   4. CON29O

      1. Enquiry 5 – property crossed by a public path or bridleway

      2. Enquiry 6 – advertisements

      3. Enquiry 7 – completion notices

      4. Enquiry 19 – any environment/pollution notices served

      5. Enquiry 22 – is property/land abutting property registered as common land or village green under Commons Registration Act 1965

   5. CommDW Drainage & Water Enquiry – CON29DW

      1. Find out if drains & sewers are adopted

      2. Whether water main within boundaries of property

      3. Whether property connected to public water way

      4. Consequently whether there will be a requirement for easements for use or a contribution towards maintenance

   6. Pre-contract Enquiries of Seller - CPSE

      1. Any disputes with neighbouring owners/occupiers

      2. Who is in occupation of property

      3. Any alternations carried out & if planning permission/building regulation consent obtained

      4. Any change in use of property

      5. Services to property pass through adjoining land

   7. Enquiries of the Environment Agency/Environmental Risk Analysis

      1. Is there a risk of flooding IF PROPERTY CLOSE TO RIVER

      2. Is property near a landfill site or are there factories in the area discharging hazardous substances

   8. Full structural survey

      1. Dependent upon age of Property and whether structural alterations are to be carried out

      2. If collateral warranties have not been given then do this search

   9. Personal Inspection

      1. Depends on state of property, restrictive & positive covenants & area

   10. Law Society’s Coal Mining Directory/Coal Authority website

       1. Is property located in area where Coal Mining search would be carried out

          1. Reveal...