Learning Outcomes
After reading this article, you will be able to explain the function and legal significance of title deeds in unregistered land. You will understand how title is proven, what constitutes a good root of title, and how the doctrine of notice and land charges affect third-party rights. You will also be able to identify common issues and practical steps in investigating title for unregistered land, as required for SQE1.
SQE1 Syllabus
For SQE1, you are required to understand the role of title deeds in unregistered land and how they relate to proof of ownership and enforceability of third-party rights. In your revision, focus on:
- the function of title deeds in unregistered land transactions
- the concept of a good root of title and its requirements
- how the doctrine of notice operates in unregistered land
- the effect of the Land Charges Act 1972 and registration of land charges
- practical steps in investigating title and resolving common problems
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.
- What is a "good root of title" and why is it important in unregistered land?
- How does the doctrine of notice affect whether an equitable interest binds a purchaser of unregistered land?
- What is the effect of failing to register a registrable land charge under the Land Charges Act 1972?
- What practical steps should a buyer’s solicitor take when investigating title to unregistered land?
Introduction
In unregistered land, title deeds are the primary evidence of ownership and rights. Unlike registered land, where the Land Registry provides a central record, unregistered land relies on a chain of historical documents. Understanding how title deeds operate, how title is proven, and how third-party rights are protected is essential for SQE1.
Title deeds and proof of ownership
Title deeds are the documents that collectively show the history of ownership and rights over a parcel of unregistered land. When a property is sold, the seller must prove their right to sell by producing these deeds.
Key Term: title deeds The collection of documents evidencing the ownership and history of rights affecting unregistered land.
A buyer’s solicitor will review the deeds to ensure there is an unbroken chain of ownership and that the seller can give "good title." This process is known as deducing title.
Good root of title
A good root of title is the starting point for proving ownership in unregistered land. It is usually a conveyance by deed that is at least 15 years old and shows the seller’s right to the whole legal and equitable interest in the property.
Key Term: good root of title A deed at least 15 years old that starts an unbroken chain of ownership and does not cast doubt on the title.
The good root must contain a clear description of the property and must not refer to earlier documents that might create uncertainty.
Abstract and epitome of title
The seller’s solicitor will prepare an abstract or epitome of title—a summary and copies of all relevant deeds from the good root up to the present. This allows the buyer’s solicitor to check for gaps, defects, or adverse interests.
Key Term: abstract of title A summary of the deeds and documents showing the history of ownership and rights affecting unregistered land.
Key Term: epitome of title A chronological bundle of copies of all relevant title deeds and documents, provided to the buyer’s solicitor.
Investigating title in unregistered land
The buyer’s solicitor must ensure that:
- the seller has a good root of title
- there is an unbroken chain of ownership from the good root to the seller
- all relevant documents are present and properly executed
- there are no undisclosed adverse interests or defects
If any documents are missing or ambiguous, the solicitor may need to raise enquiries, seek statutory declarations, or obtain title insurance.
Common problems
- Missing deeds: If a deed is lost, the seller may need to provide a statutory declaration of ownership or apply for possessory title on first registration.
- Ambiguous descriptions: If the property description is unclear, extrinsic evidence or a new plan may be needed.
- Gaps in the chain: Any unexplained break in ownership must be resolved before completion.
The doctrine of notice and third-party rights
Unregistered land is governed by the doctrine of notice for most equitable interests. This determines whether a purchaser is bound by an equitable right.
Key Term: doctrine of notice A purchaser of unregistered land is bound by an equitable interest if they have actual, constructive, or imputed notice of it.
- Actual notice: The purchaser actually knows of the interest.
- Constructive notice: The purchaser would have discovered the interest by making reasonable enquiries or inspecting the property.
- Imputed notice: The purchaser’s solicitor or agent knows of the interest, and this knowledge is attributed to the purchaser.
If the purchaser is a bona fide purchaser for value of a legal estate without notice, they take free of the equitable interest.
Key Term: bona fide purchaser for value without notice A person who acquires a legal estate for value, in good faith, and without actual, constructive, or imputed notice of an equitable interest.
Land Charges Act 1972 and registration
Some equitable interests must be registered as land charges under the Land Charges Act 1972. These include estate contracts, restrictive covenants, and equitable easements created after 1925.
Key Term: land charge A registrable interest affecting unregistered land, which must be registered against the name of the estate owner to bind a purchaser.
If a registrable land charge is not registered, it is void against a purchaser of the legal estate for value, even if the purchaser knows of it.
Worked Example 1.1
A buyer is purchasing an unregistered house. The seller provides a conveyance from 20 years ago as the good root of title, but there is a missing deed from 10 years ago. Can the buyer insist on seeing the missing deed?
Answer: Yes. The buyer’s solicitor must see an unbroken chain of title from the good root to the seller. If a deed is missing, the buyer can insist on seeing it or require the seller to provide evidence (such as a statutory declaration) to explain the gap.
Worked Example 1.2
A restrictive covenant created in 1970 affecting unregistered land was not registered as a land charge. The land is sold to a purchaser for value. Is the purchaser bound?
Answer: No. If a registrable land charge (such as a post-1925 restrictive covenant) is not registered, it is void against a purchaser of the legal estate for value, even if the purchaser has notice.
Worked Example 1.3
A wife has a beneficial interest in the family home but is not on the title deeds. The buyer’s solicitor notices her belongings in the house during inspection. Is the buyer bound by her interest?
Answer: Likely yes. The buyer has constructive notice of her equitable interest due to evidence of occupation. The buyer should make further enquiries. If the buyer fails to do so, they may be bound by her interest.
Practical steps in unregistered land transactions
- Review all title deeds from the good root to the present.
- Check for gaps, defects, or adverse entries.
- Search the Land Charges Register against the names of all estate owners since the good root.
- Inspect the property for evidence of occupation or third-party rights.
- Raise enquiries about any missing documents or unclear matters.
- Obtain statutory declarations or title insurance if necessary.
Exam Warning
If a registrable land charge is not registered, it is void against a purchaser for value, even if the purchaser has actual notice. Do not confuse this with the doctrine of notice for non-registrable equitable interests.
Revision Tip
When reviewing title deeds, always check that each transfer is properly executed and that there are no unexplained breaks in the chain of ownership.
Summary
| Aspect | Registered Land | Unregistered Land |
|---|---|---|
| Proof of ownership | Land Registry official copy | Title deeds and good root of title |
| Third-party rights | Register entries/overriding | Deeds, doctrine of notice, land charges |
| Missing documents | Rare, registry holds record | May require statutory declaration or insurance |
| Registration of interests | Notice/restriction on register | Land charge registration or doctrine of notice |
Key Point Checklist
This article has covered the following key knowledge points:
- Title deeds are the main evidence of ownership in unregistered land.
- A good root of title is a deed at least 15 years old, starting an unbroken chain of ownership.
- The buyer’s solicitor must investigate the title by reviewing all deeds from the good root to the present.
- The doctrine of notice determines whether an equitable interest binds a purchaser, unless the interest is registrable as a land charge.
- Registrable land charges must be registered to bind a purchaser; if not registered, they are void against a purchaser for value.
- Practical steps include reviewing deeds, searching the Land Charges Register, inspecting the property, and resolving any gaps or defects before completion.
Key Terms and Concepts
- title deeds
- good root of title
- abstract of title
- epitome of title
- doctrine of notice
- bona fide purchaser for value without notice
- land charge
