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Solicitors and Registered Property Title Deeds  -  by Ford Banks Irwin Solicitors - The Property Lawyers in Manchester

Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

Title Information Document

The Title Information Document is issued by the Land Registry.  It acts as evidence of title on a specific date.  After you have completed the purchase of your home the legal procedure is completed at the Land Registry. The Buyer's Property Law Solicitors or Conveyancer collates all the Title Deeds and Documents and send the transfer deed to the Land Registry.   The Land Registry will change the names and other details on the Title Deeds and send the Buyer's Solicitors the Title Information Document.

The Land Registry reference number for your Title Deeds is called the Title Number.


Classes or Grades of Title

The Land Registry guarantees the accuracy of Registered Property Title Deeds.  Not all the Deeds are the same and so there are four different guarantees offered by the Land Registry. These different guarantees are known as four classes of title.

 
Absolute:
In the case of freehold Land or Property, an absolute title guarantees that the estate registered is vested in the registered owner named in the Proprietorship register, subject only to the entries in the register and any overriding interests that may affect it. An absolute leasehold title guarantees not only that the lease under which the Land or Property is held is vested in the owner, but also that the lease itself was validly granted.  All Property Law Solicitors and Conveyancers acting on behalf of a Buyer will accept Absolute Title in the Deeds.

 
Possessory:
In the case of either freehold or leasehold title the Land Registry are most likely to grant this either where the applicant is claiming title by adverse possession (ie by squatting), or where the title deeds have been lost or destroyed. A possessory title is subject to any interests adverse to the title of the first proprietor that existed when he or she was first registered, as well as to overriding interests.  So, by registering with a possessory title,  the Land Registry are not liable to pay indemnity in respect of any such adverse interest coming to light after registration. The guarantee on a possessory title covers only errors or omissions in the title occurring since the date of registration. Otherwise, a possessory title has the same effect as a registration with absolute title.  Most Property Law Solicitors and Conveyancers acting on behalf of a Buyer will not accept Possessory Title Deeds.

 
Good Leasehold:
A Good Leasehold title is granted where the Lessor's title is not registered with absolute title or is unregistered and there is no evidence to confirm that the Lessor was entitled to grant the Lease including any easements in it. The guarantee that the Land Registry offer on this class of title is only from the date of the Lease itself. Registering a Lease with Good Leasehold title will not prejudice any estates, rights or interests that would have affected the Lessor's right or entitlement to grant the Lease. By this the Land Registry mean that if a Lessor did not own the Land he Leased and the Land Registry granted a Good Leasehold title, the rights of the true owner would remain unaffected by this title. Otherwise a Good Leasehold title has the same effect as a registration with Absolute Leasehold title.  Some Property Law Solicitors and Conveyancers acting for a Buyer may accept Good Leasehold Title Deeds depending upon all the surrounding circumstances.  Most Property Law Solicitors and Conveyancers will ask for an insurance indemnity policy from the Seller's Solicitors.


Qualified:
A qualified freehold title has the same effect as registration with absolute freehold title, except that the title is subject to some defect or right that is specified in the register. A qualified Leasehold title has the same effect as a registration with either absolute or good Leasehold title except for the specified defect in title.  Most Property Law Solicitors and Conveyancers when acting for a Buyer will not accept qualified Title Deeds.


Title Upgrade:
If Land Registry has granted any class of title other than absolute to a title number, it is possible for that class of title to be converted to a better class at some point in the future.  Such an application may be based on either the length of time a title has been registered or additional documents of title proving the original defect in title has now been remedied.


Overriding Interests:
The register of a title does not contain details of all matters affecting the Land or Property. Matters affecting the Land or Property, but not referred to in the register, are known as overriding interests. Examples of overriding interests include:
*rights that would only become apparent from an inspection of the Land and enquiries made to the occupier
*liabilities arising under Acts of Parliament
*charges in favour of a local authority pursuant to an Act of Parliament (known as Local Land Charges)

This is not an exhaustive list; other overriding interests exist. The Land Registration Act 2002 substantially changed the situation regarding the recording of overriding interests.  Property Law Solicitors and Lawyers are fully aware of all the overriding interests.


 (All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

For any further information please contact Ford Banks Irwin Solicitors.


    

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