Top 10 Title Defects - Assessing Whether the Title is Good & Marketable

Introduction

As a conveyancer, you will often encounter title defects, sometimes caused by missing or incomplete deeds, at other times due to poor drafting or unforeseen changes of circumstances.

When they arise, they often need your close attention, even though you might be under pressure to exchange quickly.

This virtual classroom seminar will look at how to manage key risks and focuses on how you can deal with them practically and effectively when they arise.

What You Will Learn

This live and interactive course will cover the following:

• Defective express rights of way - When might a right of way be defective? Does the right take effect in the future? What if the accessway has a variable width?
• Prescriptive rights of way - Is a statutory declaration/statement of truth sufficient evidence? Is the lack of an express right a deal-breaker? Implications of occasional use or a cessation of use
• Inadequate deed plan - Does the plan comply with Land Registry guidance, whether for freehold or leasehold title? Checks to assess whether a ‘replacement’ plan is accurate
• Boundaries in the wrong place - The pitfalls of relying on the HMLR title plan - Irregular boundaries - Limits of the ‘more particularly delineated’ and ‘identification only’ maxims
• Breach of restrictive covenant - Risks if there is more than one breach or at least two people’s consents are required - Does ‘a’ mean ‘one’? The difference in enforcement risks between freehold and leasehold titles
• Defective service charge provisions in flat leases - No provision for an interim charge or end of year adjustment - When service charge provisions omit key head of expenditure - Is the absence of a sinking fund a major concern?
• Adverse possession - Is the evidence consistent with adverse possession or a right of way? What if the land has not been enclosed? The risk of owner objection to registration
• Absence of a Building Regulations completion certificate - Has the new 10-year enforcement period in England created additional risks for buyers and lenders? Is a regularisation certificate now required?
• The seller claims planning permission was not required for alteration - Did the works actually fall within the scope of permitted development rights? With new enforcement periods in England, is a lawful development certificate needed?
• Latent Title Defects - Missing deeds — Incumbrances not registered against the title — Can you rely on deeds registered against adjoining titles? What about material information guidance? Limits of reliance on exclusion of liability clauses

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.