Investigation of title - Analyzing Land Registry official co...

Learning Outcomes

This article explains how to conduct an investigation of title for registered land by analysing the official copies of the register obtained from HM Land Registry. It focuses on the structure and content of the Property Register, Proprietorship Register, and Charges Register, highlighting common entries and their implications. After reading this article, you should understand the key information contained within each register, recognise potential title issues such as restrictive covenants, easements, charges, and restrictions, and know the initial steps required to address these issues in a conveyancing transaction, enabling application of this knowledge to SQE1 assessment questions. You should also be able to evaluate the significance of the edition date and search from date on official copies, distinguish between agreed and unilateral notices, identify the practical effect of common restrictions (including Form A and lender restrictions, as well as management company/landlord certificate restrictions), and appreciate how overriding interests may bind a buyer despite their absence from the register. Competence includes checking the adequacy of rights benefiting the land, recognising the implications of different classes of title (Absolute, Possessory, Qualified, Good Leasehold), understanding when and how to obtain official copies of filed deeds, and planning pre-completion OS1/OS2 searches to preserve priority for both buyer and lender.

SQE1 Syllabus

For SQE1, you are required to understand the practical steps involved in investigating title for registered land, specifically through the analysis of official copies, and a thorough understanding of the registers and common entries is essential for advising clients effectively, with a focus on the following syllabus points:

• The structure and purpose of the Property Register, Proprietorship Register, and Charges Register.
• Identifying and interpreting entries relating to easements, covenants, charges, restrictions, and co-ownership.
• Recognising potential title defects or issues revealed by the official copies.
• Understanding the implications of different classes of title.
• Knowing the initial steps to take when adverse entries or potential problems are discovered.
• Distinguishing restrictions from notices and understanding their effects on dealing with the title.
• Appreciating the effect of overriding interests (e.g., short legal leases, certain legal easements, and interests of persons in actual occupation) that may not appear on the register.
• Understanding the search from date, edition date and the role of OS1/OS2 searches with priority.
• Identifying leasehold-specific entries (e.g., landlord/management company restrictions, ground rent and service charge provisions noted by restriction) and their practical consequences.
• Using official copy applications OC1 (register and plan) and OC2 (filed deeds) appropriately when documents are “copy filed.”

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. In which part of the official copies would you typically find details of restrictive covenants burdening the property?
   1. Property Register
   2. Proprietorship Register
   3. Charges Register
   4. Title Plan
2. Which class of title offers the highest level of state guarantee?
   1. Possessory Title
   2. Qualified Title
   3. Good Leasehold Title
   4. Absolute Title
3. What does a Form A restriction on the Proprietorship Register usually indicate?
   1. The property is subject to a mortgage.
   2. The registered proprietors hold the property as beneficial tenants in common.
   3. There are restrictive covenants affecting the property.
   4. The property benefits from an easement.

Introduction

Investigating title is a fundamental part of any property transaction. For registered land in England and Wales, the primary evidence of title is the register held at HM Land Registry (HMLR). Solicitors acting for buyers and lenders must meticulously examine the official copies of the register entries and the title plan to ascertain the nature of the seller's ownership, identify any rights benefiting the property, and, critically, uncover any defects or incumbrances that might adversely affect the property's value, use, or marketability. This article focuses on the practical analysis of these official copies.

Key Term: Investigation of title
The process of examining the legal title to a property to ensure the seller has the right to sell it, and to identify any matters that might adversely affect the property or its value.

Key Term: Official Copies
Copies of the register entries and title plan for a registered title, issued by HM Land Registry. They serve as the primary evidence of title for registered land.

Key Term: Title Plan
The plan filed by HMLR for the title, based on Ordnance Survey mapping, showing the general boundaries of the land (commonly edged red) and any colourings/hatchings relevant to rights or historic transfers.

Key Term: General Boundaries Rule
The principle that HMLR title plans show general boundaries only, not the exact line of the legal boundary. An application is required for a determined boundary if precision is necessary.

Key Term: Overriding Interest
Certain third-party interests that bind a transferee despite not being noted on the register, such as some short legal leases, certain legal easements, and the rights of persons in actual occupation (subject to statutory conditions).

STRUCTURE OF THE OFFICIAL COPIES

Official copies obtained from HMLR are divided into distinct sections, each providing specific information about the property. Understanding this structure is the first step in a systematic investigation.

The Header Section

The header provides administrative details essential for referencing the title:

• Title Number: A unique identifier for the registered title (e.g., LM12037). This must be quoted accurately in transactional documents.
• Edition Date: The date the register was last updated by HMLR, perhaps following a sale or new mortgage. It shows the version of the register currently in force at the time of issue.
• Search From Date: The date and time the official copy was produced. This is critical for subsequent pre-completion searches, as an OS1/OS2 search must be made from this date to reveal any later adverse entries and to obtain a priority period.
• Land Registry Office: The specific HMLR office dealing with the title.
• Copy Status: The header confirms that the official copy is admissible as evidence of the register’s contents at the date/time stated. The register itself remains conclusive.

When an entry refers to a “copy filed” document (e.g., a conveyance or transfer containing covenants or easements), obtain it with form OC2 and analyse it carefully. Do not proceed on summaries alone.

Key Term: OS1 Search
A pre-completion search with priority of the whole of a registered title. It reveals changes since the search from date and gives a 30 working-day priority period for the buyer’s/lender’s applications.

Key Term: OS2 Search
A pre-completion search with priority of part of a registered title (e.g., a sale of part). It also reveals changes since the search from date and confers a 30 working-day priority period.

The Property Register

This register describes the property itself and the nature of the registered estate.

Key Term: Property Register
The part of the official copies that describes the property, states whether the title is freehold or leasehold, and details rights that benefit the property (e.g., easements).

Key elements to examine include:

• Property Description: Usually the postal address and a reference to the title plan (e.g., "edged with red"). Verify that the red edging matches the land to be sold and any plan attached to the contract. Check for coloured areas or hatchings that may denote rights of way, retained land, or land removed on a past transfer.

• Tenure: Clearly states whether the title is Freehold or Leasehold. If leasehold, brief details of the lease (date, parties, term) will be included. For leaseholds, also expect to find restrictions elsewhere requiring landlord/management company consent or certificates of compliance before a transfer can be registered.

• Rights Benefiting the Property: Details any express easements (e.g., rights of way over adjoining land) or rights to services (drainage, water, gas, electricity) that benefit the land. These may be summarised with a reference to the deed or transfer through which the rights were granted (“copy filed”). Analyse the precise wording to ensure adequacy for intended use, such as vehicular access, “at all times and for all purposes”, and rights to maintain and renew service media.

• Exclusions and Reservations: The Property Register may note rights excluded from the title, such as mines and minerals, or rights to light and air. It may also refer to land retained by a seller with a right to enter the property for specified purposes. Mines and minerals exceptions may be accompanied by a caution that they are separately registered under a different title.

Remember the general boundaries rule. If the exact boundary line is contentious or critical to development, consider advising on a determined boundary application or specialist survey evidence.

The Proprietorship Register

This register identifies the legal owner(s) and specifies the quality of their title.

Key Term: Proprietorship Register
The part of the official copies that states the class of title, identifies the current registered owner(s) (proprietors), and lists any entries affecting their right to dispose of the property (e.g., restrictions).

Key elements to examine include:

• Class of Title: Indicates the quality of the title guaranteed by HMLR. The main classes are Absolute, Qualified, Possessory (freehold/leasehold), and Good Leasehold (leaseholds only).

  • Absolute Title provides the highest level of guarantee (subject to registered entries and overriding interests).
  • Possessory Title is often granted where documents are missing or the title is based on adverse possession; it leaves open the possibility of a superior claim that pre-dates first registration. Consider upgrade strategy and indemnity insurance.
  • Qualified Title is rare and excepts specified defects from the state guarantee.
  • Good Leasehold Title means HMLR has not seen the freehold (or all superior titles); the guarantee does not extend to them. This can affect marketability and lending; consider upgrade by producing the freehold/superior titles.

• Registered Proprietor(s): Lists the name(s) and address(es) for service of the current legal owner(s). Check that these match the seller(s) in the contract and the identity evidence. Entries will often show the price paid (for dispositions since 1 April 2000). Ensure appropriate evidence is obtained where names differ (e.g., change of name, merger, personal representatives).

• Restrictions: These limit the proprietor's ability to deal with the property, often requiring consent from a third party (like a lender) or confirmation of compliance with obligations (e.g., membership of a management company). Analyse their precise form. Common examples include:

  • A Form A restriction (see below).
  • A lender’s consent restriction protecting a registered charge.
  • A certificate-of-compliance restriction requiring a specified party (often a landlord, management company, or estate owner) to certify compliance with a clause in a transfer or lease (e.g., deed of covenant, payment of fees, approval of assignment).
  • Restrictions protecting options, rights of pre-emption, or community infrastructure obligations.

• Indemnity Covenant: The Proprietorship Register may note that the current proprietor (when they purchased) covenanted with the seller to perform and observe covenants and to indemnify the seller. This evidences a chain of indemnity covenants and is important where the Charges Register contains positive covenants.

Key Term: Class of Title
A classification given by HM Land Registry indicating the quality of the registered title (e.g., Absolute, Possessory, Qualified, Good Leasehold), reflecting the level of state guarantee.

Key Term: Restriction
An entry in the Proprietorship Register limiting the registered proprietor's ability to make a disposition (e.g., transfer, mortgage) of the registered estate or charge.

Key Term: Form A restriction
A standard restriction signalling that the registered proprietors hold the beneficial interest as tenants in common: “No disposition by a sole proprietor…under which capital money arises is to be registered unless authorised by an order of the court.” It prompts overreaching by ensuring at least two trustees receive the purchase money or by requiring proof of sole beneficial entitlement.

The Charges Register

This register details burdens affecting the property.

Key Term: Charges Register
The part of the official copies that lists third-party rights burdening the property, such as mortgages (charges), restrictive covenants, easements, rentcharges, leases of part, and notices protecting other interests.

Key elements to examine include:

• Mortgages/Charges: Details of any registered mortgages (legal charges), including the lender’s name and the date of the charge. These must usually be discharged on or before completion (via e-DS1/direct discharge). If an old charge persists, consider whether it is truly outstanding, or simply not removed administratively; in either case, the seller must procure and provide evidence of discharge.

• Restrictive Covenants: Details of covenants restricting the use of the property (e.g., no trade or business, single dwelling use, design controls on an estate, or obligations not to build without consent). The exact wording and any plan attached to the covenant are essential to assess the impact.

• Positive Covenants: Although the burden of positive covenants does not typically run with freehold land, they often appear here because they were contained in a deed with restrictive covenants. A chain of indemnity covenants, or a rentcharge mechanism, makes positive obligations practically enforceable.

• Estate Rentcharges: An estate rentcharge may appear to enforce positive covenants on an estate (e.g., payment for maintenance of shared infrastructure). Understand the remedies available to the rentcharge owner, which can be draconian in statute; this affects risk assessment and lender advice.

• Easements: Easements burdening the land (e.g., a neighbour’s right of way) can significantly affect layout, privacy, and development options. Check whether they are limited (e.g., on foot only) and whether any plan shows their extent.

• Notices: Entries protecting third-party interests (e.g., estate contracts, options, rights of pre-emption, family home rights, or equitable charges). Notices can be ‘agreed’ (by the proprietor or by order) or ‘unilateral’ (lodged without consent).

  • Agreed notices often indicate the registered proprietor has accepted the relevant right or HMLR is satisfied of it.
  • Unilateral notices may be challenged by an application to cancel. The beneficiary will be notified and may object; if they cannot prove the claimed interest, the notice can be removed.

Key Term: Notice (Land Registry)
An entry made in the register to protect a third-party interest affecting a registered estate or charge (e.g., a restrictive covenant, an option, or an equitable charge). It ensures the priority of the interest against subsequent dispositions.

Key Term: Agreed Notice
A notice entered with the registered proprietor’s consent or if HMLR is satisfied as to the interest. It protects the priority of the interest.

Key Term: Unilateral Notice
A notice entered without proprietor consent. The beneficiary must prove the interest if an application to cancel is made, or the notice may be removed.

Worked Example 1.1

The official copies for a freehold property being purchased by your client contain the following entry in the Charges Register: "A Conveyance of the land in this title dated 10 May 1975 made between (1) John Smith (Vendor) and (2) Mary Jones (Purchaser) contains the following covenant:- 'Not to use the premises hereby conveyed for any purpose other than as a single private dwellinghouse.'" Your client intends to run a small accountancy practice from a room in the house.

What advice should you give your client?

Answer:
The covenant restricts the use of the property solely to that of a private dwelling house. Running an accountancy practice, even from a single room, would likely constitute a business use and therefore breach this restrictive covenant. You should advise the client that proceeding with their plan would risk enforcement action by whoever has the benefit of the covenant. Options include seeking a release or modification of the covenant, or obtaining indemnity insurance (though the latter may not be acceptable if the breach is deliberate and ongoing). The client may need to reconsider their purchase if the covenant cannot be dealt with satisfactorily.

ANALYSING THE ENTRIES: KEY CONSIDERATIONS

A systematic approach is essential when reviewing the official copies.

Tenure, Description and Plan

• Confirm the tenure (freehold/leasehold) matches the contract and the client’s understanding. For leasehold titles, note the length of term remaining and any obvious triggers for enfranchisement/lease extension issues.
• Verify the property description and address. Cross-check any attachments or plans in the contract.
• Examine the title plan carefully. Check the property edged red corresponds to the client's expectations and the contract plan. Note any other colourings/hatchings indicating rights of way, shared areas, drains, or land removed from the title. Ensure plans attached to covenants or easements align with features on the title plan.
• Remember the general boundaries rule. If precision is critical (e.g., potential encroachment or development constraints), consider a measured survey, neighbour discussions documented by a boundary agreement, or an application for a determined boundary.

Key Term: Title Plan
The filed plan based on Ordnance Survey mapping that illustrates the general extent of the registered title, usually edged red.

Key Term: General Boundaries Rule
The statutory rule that, unless determined otherwise, borders on the title plan are not exact. They should be interpreted with physical features on the ground.

Benefiting Rights (Property Register)

• Identify any easements or covenants benefiting the property. Examine the actual grant wording (obtain “copy filed” deeds via OC2 if necessary).
• Assess adequacy:
  • Is vehicular access expressly permitted?
  • Does the right exist “at all times and for all purposes” or is it limited?
  • Are there express rights to lay, use, inspect, repair, and renew services with rights of entry?
  • Are there reciprocal maintenance obligations for a private road or shared driveway; is apportionment fair and clear?
• Note obligations attached to these rights, such as contributing to maintenance costs or complying with an estate scheme. Raise enquiries with the seller about:
  • Historical contributions, current budgets, arrears, and future planned works.
  • Disputes concerning the use or scope of the rights.
  • Any consents previously obtained for alterations to access or services.

Key Term: Overriding Interest
Some legal easements may override a disposition even if not noted on the register, particularly where they would have been obvious on inspection or have been used in the manner rights of that kind are commonly used.

Ownership and Restrictions (Proprietorship Register)

• Confirm the seller(s) match the registered proprietor(s). Investigate discrepancies (evidence of death, marriage, name change, corporate name change, merger, or authority of personal representatives). If the seller is a company, check that it exists and has authority to transact.
• Note the class of title. If not Absolute, investigate the reason and implications. Advise the client and lender on risk management, including possible upgrade strategies (e.g., possessory title upgrade after 12 years unchallenged, or good leasehold upgrade on production of the freehold).
• Consider addresses for service. Ensure post-completion applications include updated service addresses for the buyer (up to three can be lodged, including email/DX).
• Analyse any Restrictions carefully. What action is needed to comply?
  • Lender Restriction: Requires consent from the lender to a disposition. The seller’s solicitor must obtain and provide appropriate evidence, usually handled alongside discharge.
  • Form A Restriction: Indicates a tenancy in common. If a sole proprietor is selling, a second trustee must be appointed to receive the purchase money to overreach beneficial interests (unless there is proof of sole beneficial entitlement).
  • Certificate of Compliance Restrictions: Common on leaseholds and managed freehold estates; they require a specified party to certify compliance with particular obligations before a transfer can be registered (e.g., deed of covenant with a management company, payment of a transfer fee, or landlord/management consent to assign).
  • Court-ordered Restrictions: For example, non-disposal orders in family proceedings or freezing orders in litigation. Identify the conditions for compliance or removal.

Worked Example 1.2

The Proprietorship Register for a property being sold by Alan states: "PROPRIETOR: ALAN JONES and BRENDA JONES of [address]". Brenda Jones died two years ago. A Form A restriction is also registered.

Can Alan sell the property on his own?

Answer:
No. Although Alan is the sole surviving legal owner (as legal title is always held as joint tenants), the Form A restriction indicates that the beneficial interest was held as tenants in common. Brenda's beneficial share passed under her will or intestacy, not automatically to Alan. To sell the property free from Brenda's beneficial interest, Alan must appoint a second trustee to join him in the transfer and receive the purchase money. This overreaches the beneficial interest. The buyer should ensure the contract requires this appointment.

Burdens (Charges Register)

• Mortgages: Identify all registered charges. The seller’s solicitor must undertake to discharge these on or before completion, and provide evidence of discharge (e.g., e-DS1/direct discharge). Ensure the pre-completion OS1/OS2 search is in the lender’s name where there is a purchase mortgage, so both transfer and charge gain priority.
• Covenants (Restrictive): Note the exact wording, including any plan references. Assess enforceability and impact on intended use/development. Investigate past breaches, consents, and potential for modification or discharge under section 84 of the Law of Property Act 1925.
• Covenants (Positive): Identify who benefits and how practical enforcement occurs (e.g., chain of indemnity covenants or rentcharge). Check the Proprietorship Register for an indemnity covenant; if present, the buyer will normally be expected to give a similar covenant on completion.
• Easements Burdening the Property: Identify the route, width, purpose, and extent (check plans and wording). Consider whether easements affect privacy, security, or future building work.
• Rentcharges: Establish their purpose (e.g., estate maintenance), the amount, and collection arrangements. Ask for receipts and management information. Lenders are sensitive to the remedies open to rentcharge owners; confirm practices and risk.
• Notices: Investigate the nature and currency of any notice. Common examples:
  • Option or Right of Pre-emption: Ask whether it has been exercised, expired, or is still valid; seek a deed of release if necessary.
  • Home Rights Notice (Family Law Act 1996): Requires the spouse/civil partner to consent to sale or provide a release, and typically to vacate on completion.
  • Equitable Charge: Obtain details of the debt, the charging instrument, and arrange redemption.

Key Term: Estate Rentcharge
A rentcharge created to secure performance of positive obligations (e.g., estate maintenance). It may confer statutory remedies on default (including a right of entry), which must be considered when advising buyers and lenders.

Key Term: Indemnity Insurance
A policy designed to cover financial loss or adverse consequences arising from a specified title defect or risk (e.g., breach of covenant). The terms typically prohibit contacting the party with the benefit of the right or taking steps that increase the risk of a claim.

Worked Example 1.3

The Proprietorship Register of a leasehold flat includes the following: “RESTRICTION: No disposition of the registered estate (other than a charge) is to be registered without a certificate signed by the landlord or its managing agents that the deed of covenant in Clause 4.3 of the Lease has been complied with.”

What must be done to enable registration of a transfer to your buyer client?

Answer:
The buyer will be required to enter into the deed of covenant specified by the lease (usually a direct covenant with the landlord/management company to observe tenant covenants and pay sums due). After completion of that deed and payment of any registration/notice fees, the landlord/managing agent must issue the certificate of compliance. The certificate must be lodged with the AP1 application to satisfy the restriction. The contract should allocate responsibility for fees and for procuring the certificate, and your completion undertakings should reflect these steps.

Worked Example 1.4

A unilateral notice is entered in the Charges Register stating: “Unilateral notice in respect of an option to purchase dated 2 February 2015 in favour of XY Developments Ltd.”

How do you address this on a purchase?

Answer:
Obtain details of the relevant option (via the beneficiary, the seller, or OC2 if a copy is filed). If the option is expired or has been released, require the seller to arrange its cancellation (either by the beneficiary’s consent or by your application to cancel, which will prompt the beneficiary to prove the claimed interest). If the option remains valid, consider whether the buyer can accept it (e.g., on a purchase by the option holder) or, if unacceptable, require a deed of release or do not proceed. If applying to cancel a unilateral notice without consent, factor in objection periods and potential delay.

Worked Example 1.5

The Charges Register of a freehold house is silent on family rights, but the seller’s spouse is in occupation. Shortly before exchange, an agreed notice is entered protecting “home rights” under the Family Law Act 1996.

What are the implications and next steps?

Answer:
Home rights give a spouse/civil partner a right to occupy the matrimonial home. If protected by a notice, they bind buyers until released or the relevant relationship ends. Require the spouse to provide a release of home rights (or undertake to vacate and consent to cancellation) on or before completion, and insist on removal of the notice as a condition of completion. If the spouse refuses, the buyer should not exchange or complete. For lenders, an unremoved home rights notice will be unacceptable.

Exam Warning

Do not confuse the different types of entries. Restrictions (Proprietorship Register) limit the owner's power to deal with the land. Notices (Charges Register) protect third-party interests or burdens. Covenants (Charges Register) impose obligations regarding the use of the land. Ensure you know where to look for each type of entry and understand its specific effect. Also remember that some interests may override registration and will not appear on the register (e.g., certain legal easements and the rights of persons in actual occupation).

ADDRESSING TITLE ISSUES

When investigation reveals potential problems (defects, adverse entries, missing information), the buyer's solicitor must:

1. Raise Requisitions: Ask specific questions of the seller's solicitor to clarify the issue or request action (e.g., provide missing consent, evidence of compliance, confirmation of mortgage discharge). Obtain official copies of filed documents (OC2) where the register references “copy filed” deeds to ensure you have exact wording, plans, and obligations.
2. Inform Client and Lender: Explain the issue and its implications clearly. Obtain instructions on how to proceed. The lender's requirements may dictate the necessary course of action (e.g., insisting on removal of a notice, obtaining a deed of release, or indemnity insurance).
3. Negotiate Solutions: Seek remedies from the seller, such as rectifying a breach, obtaining third-party consent, providing indemnity insurance at the seller’s expense, procuring deeds of covenant and certificates, or agreeing a price reduction where the defect is not remediable.
4. Assess Risk: Evaluate the practical risk posed by the issue. Is enforcement likely? What are the potential consequences if enforcement occurs? Would an indemnity policy be recognised by the lender? Consider whether contacting the benefiting party would prejudice the availability of indemnity insurance.
5. Consider Insurance: Where a risk cannot be eliminated (e.g., old restrictive covenants with unclear beneficiaries), defective title indemnity insurance may be appropriate. Ensure the policy terms (including non-disclosure obligations) are compatible with proposed actions. Do not approach the beneficiary of a covenant if insurance is envisaged, as this may invalidate cover.
6. Plan Pre-completion Searches: Undertake OS1/OS2 searches using the search from date on the official copies. Where a purchase is funded by a mortgage, the search should be in the lender’s name so both transfer and charge applications gain priority. Diarise the 30 working-day priority period and ensure lodging of applications by noon on the last day.

Key Term: Search From Date
The specific date and time on which the official copies were issued. It must be used as the baseline for pre-completion OS1/OS2 searches.

Key Term: Indemnity Insurance
A once-only premium policy covering specified title defects. It typically prohibits contacting the party with the benefit of the right and often excludes deliberate or continuing breaches.

Additional practical points:

• Old Charges: Where historic charges remain on the register, obtain lender confirmation of discharge (e-DS1/direct discharge). If the original lender has merged or ceased to exist, investigate successor entities and arrange for appropriate evidence of discharge. Avoid completing without a clear undertaking and documentary pathway to removal.
• Leasehold Compliance: Ensure deed of covenant completion, notices to landlord/management company, payment of fees, and procurement of certificates of compliance to satisfy restrictions. Allocate responsibilities clearly in the contract.
• Options/Overage: Where notices protect options or overage arrangements, obtain a release or confirmation of expiry/satisfaction, or negotiate an acceptable solution before exchange.
• Good Leasehold/Possessory: For good leasehold titles, consider producing the freehold title to upgrade; for possessory titles, consider whether there is a risk of competing claims and whether insurance is needed pending upgrade.

Worked Example 1.6

The Proprietorship Register states “Title: Possessory.” The seller explains the deeds were lost before first registration 10 years ago. No adverse entries or disputes have arisen since.

How should you advise a buyer and their lender?

Answer:
Explain that possessory title carries a residual risk that someone with a better documentary title predating first registration could challenge ownership. After 12 years without challenge, the proprietor can apply to upgrade to absolute title. Many lenders accept possessory titles with appropriate indemnity insurance. Consider requiring the seller to apply to upgrade now (if 12 years have elapsed) or provide a suitable indemnity policy and warranties regarding the absence of disputes or claims. Factor any residual risk into price negotiations.

Revision Tip

Remember the principle of caveat emptor (buyer beware). While the seller has a limited duty to disclose certain title matters, the primary responsibility for discovering issues rests with the buyer's solicitor through thorough investigation of the official copies, review of filed deeds, appropriate searches and enquiries, and properly planned pre-completion OS1/OS2 searches.

Key Point Checklist

This article has covered the following key knowledge points:

• Investigation of registered title involves analysing the official copies (Property, Proprietorship, and Charges Registers) and title plan from HMLR, plus any filed deeds referenced in the register (obtained via OC2).
• The Property Register describes the land, tenure, and benefiting rights (easements, covenants). Assess adequacy of rights for intended use, including vehicular access and service rights.
• The Proprietorship Register identifies the owner(s), class of title, and restrictions. Understand the effects of Form A restrictions, lender consent restrictions, and certificate-of-compliance restrictions.
• The Charges Register details burdens affecting the property, including mortgages, restrictive covenants, positive covenants (often enforced via indemnity chains or rentcharges), easements, estate rentcharges, and notices protecting options and other equitable interests.
• Classes of title (Absolute, Possessory, Qualified, Good Leasehold) affect marketability and lender stance; know how and when they may be upgraded and what risk mitigation (e.g., indemnity insurance) is appropriate.
• Restrictions (e.g., Form A and management/landlord restrictions) must be complied with for a disposition to be registered. Plan for deeds of covenant, consents, and certificates of compliance.
• Notices (agreed/unilateral) protect third-party interests. Know how to verify the relevant right and remove or cancel a notice where appropriate.
• Overriding interests may bind a buyer despite not appearing on the register, including certain legal easements and the rights of persons in actual occupation. Physical inspection and seller’s disclosures remain essential.
• Pre-completion OS1/OS2 searches update the position since the search from date and provide a 30 working-day priority period. Searches should be in the lender’s name when there is a purchase mortgage.
• Typical solutions for title issues include procuring releases, obtaining consents, rectifying breaches, reporting to lender, contractual protections (e.g., retention), and, where appropriate, indemnity insurance. Avoid steps that may prejudice insurance availability.

Key Terms and Concepts

• Investigation of title
• Official Copies
• Property Register
• Proprietorship Register
• Charges Register
• Class of Title
• Restriction
• Form A restriction
• Notice (Land Registry)
• Agreed Notice
• Unilateral Notice
• Title Plan
• General Boundaries Rule
• Overriding Interest
• Estate Rentcharge
• Indemnity Insurance
• OS1 Search
• OS2 Search
• Search From Date