Unregistered conveyancing remains a key skill for solicitors and other practitioners with a residential or commercial property practice. This course provides you with an important review of how to deal effectively with unregistered land, and common issues you may come across, whether you’re acting for the buyer or seller.
According to HM Land Registry, as much as 15% of land in England and Wales is still unregistered, even though it became compulsory in 1985, so it’s no surprise that conveyancing lawyers will continue to come across unregistered titles.
So when an unregistered title lands on your desk, what should be looking for? What story will the historical title deeds and documents be telling you; and what steps should you take from the start of the matter right through to checking the final title registered at Land Registry?
Our well known and respected property expert, Hannah Mackinlay, will take you through the key steps of unregistered land conveyancing. You will have practical examples and exercises, and focused checklists and flowcharts which you can apply to your own practice.
Key learning outcomes
- Understand unregistered title including third party interests and unregistered searches
- Identify crucial documents of title to establish an unbroken chain of ownership
- How to approach potential pitfalls
What does this course cover?
This course covers the basics of unregistered conveyancing, and the potential issues you may come across in specific matters, including:
- Key differences between unregistered and registered land
- How to draft an epitome of title (and rarely, an abstract of title)
- How to identify the ‘good’ root of title
- Land Registry requirements on first registration
- Steps you must take if any title plans do not conform to Land Registry requirements
- Proving good title if there are missing deeds
- Land charges searches and priority periods, and how they differ from registered land searches
- Ensuring you make the right searches
- Easements, prescriptive rights, positive and restrictive covenants, and indemnities
- Legal requirements for executing documents before August 1990, including the need for a seal - and what you should do if there isn't a finger seal on a deed
- Powers of attorney
- Joint ownership, and how the title deeds reflect the nature of joint ownership
- Trustees and giving good receipt
- Deaths, and in what circumstances the death certificate, grants of representation, or assents are necessary
- Acknowledgements for production
- Vacating receipts and discharges of mortgages
- Name changes and supporting documentation
- The bankruptcy implications behind voluntary dispositions and undervalue transactions
- Stamp Duty and SDLT
- What the registered title will include, what it won’t tell you, and why you should always keep pre-registration deeds