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Conveyancing Property Law

Question: 1. How does a seller prove title to unregistered land? How does this differ, if at all, in registered
titles? (5 marks)
You continue to progress Miss Troy’s purchase of Lilac Cottage, Trepolpen. You have received
(amongst other things) an Epitome of Title. The Cover Sheet records the following: (NOTE that
documents have not been reproduced.)
Date Document Parties Original
19 Jan 1961 Conveyance Mary Jane Dawe (1)
David Alan Roe & Mary Green (2)
19 Jan 1961 Mortgage David Alan Roe & Mary Green (1)
Cornish Bank Ltd (2)
15 Mar 1977 Death Certificate Mary Roe
27 Oct 1985 Legal Charge David Alan Roe (1)
Barclays Bank Ltd (2)
You note that the Sellers are Philip Robert Roe and Jenny Davidstow, acting as the Personal Representatives of
David Alan Roe.
Question 2. Using the information on the front sheet to the Epitome, state whether any further information is
required to approve the title on behalf of the buyer, identifying what information is required, how you
would obtain it and why you need it. (15 marks)
Question 3. The results of your Land Charges Search reveal the following entries:-
Date Document Parties
19 Jan 1961 D(ii) David Alan Roe
27 October 1985 C (i) David Alan Roe
1 August 1991 C (iv) David Alan Roe
19 January 1961 D (ii) Mary Green
What do these entries mean? What explanation would you think most likely for each of these entries and what
action, if any, would you require from the Sellers’ conveyancers and by when? (10 marks)
Question 4. Your client (Miss Troy) has now received a mortgage offer from the Cornish Building Society for
£95,000 with the following Special Conditions attached:
a. The Borrower’s conveyancer shall ensure that the property has a legal right of way from a public
highway to the garage at the rear of the property.
b. The Borrower’s conveyancer shall ensure that the land on which the garage is built forms part of
the Borrower’s title.
c. This mortgage advance is on a repayment basis.
d. This mortgage advance is subject to the Society’s usual terms and conditions as set out in the
Mortgage Conditions booklet accompanying these instructions which should be explained in detail to
the Borrower.
You had already identified from your title check that there was some doubt as to whether the property enjoyed a
legal right of way from the highway to the garage. Explain to your client, in the form of a letter, the significance of
these conditions, setting out why the access and title issues are important, what would happen if those matters
were not addressed and what strategies you propose to deal with them. You will also need to outline the basic
mortgage covenants to which your client will be subject. (20 marks)
Assignment 2: 50 marks
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