Stage 2 - Investigation of Title – Registered vs Unregistered Land

Core aim: confirm the seller’s entitlement to sell and ensure the buyer will acquire good, marketable title.
Timing
- Takes place in Stage 2 (Pre-Contract) of the conveyancing timeline.
- Buyer’s solicitor must resolve problems before exchange because any title defects discovered after completion become the buyer’s responsibility during registration.
Forward-looking obligation
- After completion the buyer’s solicitor must apply to the Land Registry:
- Unregistered land → application for first registration within 2 months.
- Registered land → application to update the register within the priority period generated by the pre-completion search (see priority periods below).

States postal address & tenure (freehold/leasehold).
Shows beneficial rights (e.g.
- Right of way over neighbouring land to reach a highway).
Note the reciprocal position:
- Benefit appears on the property register of the dominant land.
- Burden appears on the charges register of the servient land.

Confirms class of title
- e.g. Absolute (best) or Possessory (often granted after adverse possession).
Lists the registered proprietors (legal owners)
- Max 4 adults; legal title must be held as joint tenants.
May contain restrictions
- Form A restriction (“no disposition by a sole proprietor … unless …”) signals there is beneficial co-ownership as tenants in common (no survivorship; interest passes under will/intestacy).

Records encumbrances (negative burdens) such as:
- Legal mortgages/charges.
- Restrictive covenants.
- Easements where the subject land is the servient tenement.

Cross-reference every contract detail with the register:
- Title number, property description, tenure, sellers’ names.
If mismatch/missing info → raise “additional enquiries” with seller’s solicitor.

Chronological bundle + photocopies of all relevant documents demonstrating ownership.
Must begin with a Good Root of Title – criteria:
1. Deals with the whole legal & equitable estate.
2. Gives an adequate description of the land.
3. No doubt cast on ownership (e.g. no outstanding mortgages).
4. Age: at least 15 years old on the date of contract.
Most common good root document: a conveyance on sale.

Entire England & Wales became compulsorily registrable on 1 December (statutory commencement date – often examined).
Triggering events (e.g. sale, mortgage, lease >7 years):
- If occurred on/after 1 Dec and title still unregistered ⇒ buyer’s solicitor insists seller applies for first registration before completion.
- Exam example: conveyance in 2010 but still unregistered → raise enquiry.

Must be continuous from good root to present seller.
Missing link scenario:
- Root → Fred Jones; next deed → Fred Jones to Mary Smith; present seller → Robert Green.
- Enquiry: produce probate showing Robert Green is Mary Smith’s executor.

Stamp Duty (pre-SDLT)
- Every conveyance in epitome must bear correct stamp/notation.
- Unstamped/under-stamped document cannot be a good link; require seller to pay duty + penalties and supply evidence.
Referenced but missing document
- Deed A (dated 4 Dec) refers to covenants in prior deed 5 Jun → request that prior deed.
Missing plan
- If deed refers to a plan that is absent, demand production of the plan.

Because unregistered land lacks a central register, certain interests must be protected by entry on the Land Charges Register.
Common examinable classes:
- C(i) (C1) – Puny mortgage (second/subsequent legal charge not protected by deeds deposit).
- C(iv) (C4) – Estate contract (e.g. option, contract for sale).
- D(ii) (D2) – Restrictive covenant.
Failure to register → interest is void against a purchaser of a legal estate for money or money’s worth.
Buyer’s solicitor will:
- Inspect deeds for references to such rights.
- Conduct Land Charges searches against full names of all estate owners from the good root onward.
- If a C1 puny mortgage appears, seek an undertaking that it will be redeemed from sale proceeds.

Search	Applies to	Purpose	Priority Period
Official Search with Priority	Registered title	Freezes register; allows safe completion & registration	30 working days
Land Charges Search	Unregistered title	Protects buyer against later entries on Land Charges Register	15 working days

Completion must occur within the relevant priority period; otherwise the buyer may take subject to later adverse entries.

Buyer’s solicitor must not exchange until all additional enquiries are satisfactorily answered.
Good practice: keep diary notes for the 2-month or 30/15-day deadlines to avoid loss of priority or late registration penalties.
Spotting registration status quickly saves exam time:
- Registered clues: title number, “HM Land Registry” office copy entries.
- Unregistered clues: epitome, conveyance on sale, Land Charges classes (C1, D2), mention of a “good root”.
Land Registry ignores beneficial ownership complexities; only legal title is recorded. Equity can be protected by restrictions (e.g. Form A) but not shown in detail.

Wrong title number / missing proprietor → raise enquiry.
Possessory title offered but lender requires absolute → negotiate upgrade or indemnity insurance.
Title unregistered yet 2010 sale detected → demand first registration.
Break in chain → ask for probate/assent/corrective deed.
Unstamped deed → insist on payment of duty + evidence.
Deed references absent plan → request plan.
Land Charges search reveals C1 mortgage → obtain redemption undertaking.
Priority period about to expire → redo search or postpone completion.