Title

Within five working days of the contract, the seller’s solicitor or the seller must deliver copies of title to the property, if not already done, along with the searches and certificates referred to above. These documents should typically be issued with the contract, fulfilling the obligation beforehand. The seller is not required to produce documents unreasonably unobtainable, not in their possession or that of their mortgagee or trustee. For a registered title, a map suitable for registration in the Land Registry (which is compulsory) must be obtained.

There are several conditions addressing the quality of the title provided. In the case of an unregistered title, it is unnecessary to prove or obtain title before the commencement document/root of tile. When a property is held under a lease or fee from grant, the right of the grantor or lessor to grant the same is assumed without investigation. However, if the fee farm grant or lease is less than 12 years old, title to the landlord’s interest must be demonstrated. For a property registered in the Land Registry, it is sold subject to burdens, registered or as affecting it, and to most burdens that affect it without registration. This encompasses interests impractical to register in the Land Registry, including leases less than 21 years where title is not registered absolutely, excepted rights, rights of the public, easements not created by express grant, rights acquired under the Limitations Act, rights of every person in actual occupation of the land or receiving rents and profits (unless not disclosed on inquiry or registered), among others.

Certain classes of burdens registered in a registered title are not taken by the buyer, including pre-registration charges, powers, judgments or enforcement orders, pending actions, bankruptcy petitions, and Matrimonial Act rights.

The property is taken subject to all exceptions, reservations, burdens, qualifications, notes, and restrictions appearing on the folio.

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Evidence of the registered title is to consist of the relevant land certificate. In the case of possessory title, affidavits compliant with certain conditions are necessary to convert the same, along with an official uncertified copy of the Land Registry map, and a map suitable for subdivision if part is sold.

The seller is obliged to ensure that any mortgages or charges subsisting at completion are released. A special condition may be required concerning the mode of release, as the release document might not be available at completion if the loan account remains unpaid.

Not later than 10 days before completion or within 10 days of the contract (if later), the buyer must send the seller’s solicitor a written statement outlining objections and requisitions on the title, title documents, and any matters not specifically provided for under the contract. Replies to these requisitions must be made within five working days, or 10 working days as stipulated above.

Objections and requisitions not included in the above are deemed waived unless they concern the root of the title. Any challenge to replies must be made within five working days of receipt.

Unless the sale is by way of a long lease, the buyer’s solicitor prepares the deed and delivers it at least 10 working days before completion or within five working days after the approved draft is returned by the seller’s solicitor.

The buyer must indemnify the seller and their estate against actions and claims arising from covenants and conditions subject to which the property is sold and for which the seller remains liable post-sale.

In cases of subdivision or retained possession, the seller must provide a statutory acknowledgment for safe custody and safekeeping to the buyer, facilitating its production for proving title, especially in court proceedings.

The seller must transfer the property to the purchaser or their nominee. The seller is not obliged to transfer the property in more than one lot or divide the price between different parts of the property.

The seller is required to identify and describe the property accurately with measurements and quantities sufficient to inform the buyer about the property being sold. The seller may choose to identify the property by documents of title or by a map or plan. If a plan is furnished, it must be prepared at the seller’s expense, be of an acceptable scale and nature to the Land Registry, and accurately depict the boundaries, measurements, area, and precise location of the property, including any easements affecting or enjoyed by it.

If the buyer requires a statutory declaration confirming that the identified property has been enjoyed for over 12 years, the seller must provide it.

Mistakes in measurements and quantities, if substantially correct, do not qualify for compensation. Compensation isn’t payable for mistakes in the sale plan furnished for the purpose of identification. However, if an incorrect statement, omission, or error in measurements or quantities materially affects the property’s description, there may be an entitlement to compensation.

An error, omission, or mistake within the contract does not void the sale or discharge the purchaser. However, the purchaser or seller may be required to pay compensation, except for matters deemed as notice to the buyer.

Disputes concerning the amount of compensation, if unresolved through mediation, will be settled by an independent expert appointed by the president of the Law Society. The expert’s decision is final and binding.