By Neil Duckworth BA, Solicitor and Anne Rodell MA, Solicitor
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Additional info for PROPERTY LAW AND PRACTICE
Cautions can no longer be used under LRA 2002, but existing registrations remain effective. Caveat emptor Let the buyer beware — emphasising that it is the buyer’s responsibility to discover problems with the property, not the seller’s to disclose them. Cesser The premature ending of a right. Charge An interest in land securing the payment of a debt; a mortgage. Chattels Items of property other than land, eg, furniture. They will be excluded from the sale of land — unless there are specific provisions in the contract to the contrary.
The contract normally contains a clause excluding the buyer from questioning the seller’s title once contracts for the sale and purchase have been entered into. In such a case it is essential, therefore, for any problems with title to be raised and resolved prior to a binding contract being entered into. If the buyer’s solicitor discovers problems with the seller’s title at this stage, the buyer can withdraw from the transaction without penalty since no formal contract yet exists between the parties.
Collectively these are known as the ‘title deeds’. The seller is required to show the buyer title deeds that demonstrate the seller’s undisputed ownership of the land from the present day to a point in time at least 15 years before. There is logic in this method as, if the seller can prove that he has been in undisturbed possession for this length of time and has the title deeds, it is fair to assume that he is the owner. If anyone else had rights in relation to the land, the logical assumption is that they would not have let the seller remain on the land for so long without claiming possession.
PROPERTY LAW AND PRACTICE by Neil Duckworth BA, Solicitor and Anne Rodell MA, Solicitor