Conveyancing

What are the 4 main class' of title?

Answer explanation

Absolute

Qualified

Possessory

Good Leasehold

At the start of all matters with clients, we ask for proof of identification. What forms of identification to we need/accept? And why do we require ID?

Answer explanation

To comply with fraud and anti-money laundering regulations. Forms of ID can include passport/drivers license or a hard copy of a bank statement/utility bill, dated within the last 3 months.

You act for the seller of a registered property. There are two co-owners on the proprietorship register Simon Dover & Penny Haskins. Unfortunately, Penny has died. There is an entry in the register which is as follows:

“RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises to be registered unless authorized by an order of the court.”

Which ONE of the following statements is correct?

• Simon will have inherited Penny’s beneficial share of the property by through the right of survivorship and Simon only needs Penny’s death certificate to sell the property.

• Penny’s beneficiaries will need to be parties to the sale.

• Simon will need to provide Penny’s death certificate and appoint a second trustee to be able to sell the property.

• Simon will have inherited Penny’s beneficial share of the property by survivorship but still needs to provide her death certificate and appoint a second trustee to sell.

Answer explanation

The Form B restriction shows that they owned the property as tenants in common. This means there is no right of survivorship in relation to her beneficial interest. So he needs to appoint a second trustee as well as provide a death certificate.

The OS1 is a pre-completion search. Who conducts this search and what is the benefit of conducting an OS1 search?

Answer explanation

Buyer's solicitor.

Gives us priority for our client and means that no other applications can be made before ours.

You act for Daisy Ray who is purchasing a house in Newcastle. The CON29 search result revealed that the road which is next to the property that Daisy is buying is not maintainable at public expense.

Which ONE of the following statements is correct?

• Daisy may have to contribute to the maintenance of the road.

• There would be no concern for her as a buyer.

• Daisy will definitely have a right to use the road for access to the property.

• Daisy cannot be asked to contribute to the cost of maintaining the road up to the local authority standard if it decides to adopt the road.

Answer explanation

While the road is private, the local authority will not maintain it. So the owners of the properties which obtain access from the road, will have to step in if they want the road to be maintained properly. If it is adopted, the local authority will have the right to charge the frontagers (an owner of land or property adjoining a street or water) for the cost of bringing the road up to adoption standards.

You are acting for the buyer of a registered property located in Newcastle. List the potential searches and enquiries you will need to make on behalf of your client and if possible, explain why they might be required.

Answer explanation

Local Authority search

Drainage and Water search

Coal Mining Search

Environmental Search

Inspection/Survey

What does the latin phrase 'Bona Vacantia' mean?

Answer explanation

Vacant property

The title contains an entry in the charges register.

"The purchaser and its successors in title and any persons deriving title under it hereby covenants with the vendor and its successors in title not to use the property for any other purpose than as a factory producing clothing and fabrics."

What is this an example of?

• Positive Covenant

• Unknown Covenant

• Personal Covenant

• Restrictive Covenant

Answer explanation

The covenant is restricting the buyer and any other future owners from using the property as anything else other than a "factory producing clothing and fabrics". Therefore, they are being told they cannot do something without express permission.

Your client is purchasing the property referred to in the previous question. There was a restrictive covenant on the title regarding limiting use of the property to a factory. Your client tells you they are purchasing the property as a house. What should you do?

Answer explanation

You must make enquiries with the seller to determine whether they have obtained consent to be released from the covenant or whether an indemnity insurance policy has been obtained.

Draw the layout of Office Copies with sub headings and contents