The law on titles


In unregistered land transfer, one of the key roles of the solicitor is to investigate title. Law relating to unregistered land is historic and as a result is heavily embedded in previously decided cases and old statute. Both the seller and buyer’s solicitor will investigate title. The seller investigates the title so that he can draw up the draft contract for the sale of the property. It also allows the seller to anticipate problems that might arise and deal with them before the buyer’s solicitor highlights them. The buyer’s solicitor’s investigation of title must conclude that the seller has the right to sell what they are contracting to sell and that there are no defects in the title. Law of negligence allows the buyer to sue their solicitor if the solicitor fails to investigate title thoroughly and the solicitor could be liable for any loss suffered by the buyer.

In addition to the buyer and seller, the lender will also investigate title. The lender will need to know the value of the property and any defects in the title. Defects can reduce the value of the property and if the buyer then defaults on payments, the lender may be left with a financial loss.

In registered land the title is also investigated, but instead of using the title deeds to investigate, the land registry official copies are used. These should show rights that others have over the property.

If you would like to obtain legal advice on title, law of registered or unregistered land, or a related matter, Caven can put you in touch with a local specialist Property Solicitor free of charge. So, if you have any questions or would like our help in finding local Property Solicitors please call us on 08001 221 2299 or complete the web-form above.

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