Chapter 8 Problem questions and answer guidance

Deducing and investigating title

ABBEY & RICHARDS SOLICITORS

OFFICE MEMORANDUM

To:      Trainee Solicitor

From: Senior Partner

Re our clients Sam and Jane Cluanie: Purchase of Flat 3, 125 Clothier Street, Kemptville, Cornshire

Sam and Jane are old friends and clients who have put in an offer to buy the above leasehold property from Provincial Finance Ltd, a mortgagee in possession. Our clients are buying with the aid of a mortgage. We are also instructed by their mortgagee and the UK Finance Mortgage Lenders’ Handbook is being used. Apparently the owner of the flat was mortgaged up to the hilt. The seller is second in a line of three mortgagees and we shall obviously have to make sure that Sam and Jane get good title. It is some time since I acted on a purchase from a mortgagee. Please would you research the following points and let me have your brief report by this evening. In particular:

  1. Do we have to investigate the seller's entitlement to sell?
  1. As matters stand, how do we ensure that Sam will buy the property free from any of the mortgages?

We shall be using the Law Society contract incorporating the Standard Conditions of Sale. The seller's solicitors have deduced title by sending me a copy of the entries inside their client's old Charge Certificate, which I attach. In your report, please mention any problem regarding the title and the deduction of it. I have to say I am a little concerned about the presence of the restriction and caution - can you reassure me?

 

Copy title entries of Flat 3, 125 Clothier Street, Kemptville

 

Edition date: 20 January 1995                                                          TITLE NUMBER: CS92148

 

 

Entry  No.

 

 

A.      PROPERTY REGISTER

Containing the description of the registered land and the estate comprised in the Title

Unless the contrary is indicated below any subsisting legal easements granted by the under-mentioned lease(s) for the benefit of the land in this title are included therein.

The registration takes effect subject to any  rights excepted and reserved by the said lease(s) so far as such rights are subsisting and affect the land in this title.

 

 

 

 

 

 

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             COUNTY                                                                DISTRICT

 

           CORNSHIRE                                                        KEMPTVILLE

 

(30 August 1690) The Leasehold land shown edged red on the plan of the above Title filed at the Registry and being Flat 3, 125 Clothier Street, Kemptville, (KV3 8LU)

 

Short particulars of the lease(s) (or under-lease(s)) under which the land is held:

DATE       :    17 August 1960

TERM       :    99 years from 27 July 1960

RENT       :    £25

PARTIES  :    1. Martin Bell

                       2. Margaret Elsie Logsdail and

                          Constance Logsdail

 

 

There are excepted from the effect of registration all estates, rights, interests, powers and remedies arising upon, or by reason of, any dealing made in breach of the prohibition or restriction against dealings therewith inter vivos contained in the Lease.

 

 

Deed of Covenant dated 8 March 1984 made between (1) Margaret Elsie Logsdail and Constance Logsdail and (2) James Dawkins supplemental to the registered lease.

 

NOTE:- Copy filed.

 

 

Entry  No.

 

 

B.      PROPRIETORSHIP REGISTER

Stating nature of the Title, name, address and description of the proprietor of the land and any entries affecting the right of disposing thereof

 

TITLE GOOD LEASEHOLD

 

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 (30 August 1960) Proprietor(s): MARGARET ELSIE LOGSDAIL and CONSTANCE LOGSDAIL both of Flat 3, 125 Clothier Street, Kemptville, Cornshire KV3 8LU.

 

(30 August 1960) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under the order of the registrar or of the Court.   

 

(14 October 1960) CAUTION in favour of Stephen Longman (Finance) Ltd., care of Messrs. Parsley and Lion, Solicitors, Herb House, High Street, Kemptville, Cornshire.

 

 

 

 

Entry  No.

 

 

C.      CHARGES REGISTER

Containing charges, incumbrances etc. adversely affecting the land and registered dealings therewith

 

 

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 (30 August 1960) REGISTERED CHARGE dated 17 August 1960 to secure the moneys including the further advances therein mentioned.

 

 

(30 August 1960) Proprietor(s): CORNSHIRE BUILDING SOCIETY of 3 Church Street, Kemptville, Cornshire.

 

(14 June 1986) REGISTERED CHARGE dated 8 June 1986 to secure the moneys including the further advances therein mentioned.

 

 

(14 June 1986) Proprietor(s): PROVINCIAL FINANCE LIMITED of 10 High Street, Kemptville, Cornshire.

 

 

(29 January 1991) REGISTERED CHARGE dated 4 January 1991 to secure the moneys including the further advances therein mentioned.

 

 

(29 January 1991) Proprietor(s): LENDALOT LIMITED of 12 Market Place, Kemptville, Cornshire.

 


****END OF REGISTER****

NOTE  :  A date at the beginning of an entry is the date on which the entry was made in the Register.


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