Title Investigation, Root of Title and Good Title
What this domain tests
This domain tests how a purchaser investigates title: the abstract of title, root of title, chain of ownership, searches, and the standard for a good title.
Core rules
- Investigation begins with the root of title, the document from which the vendor's title is deduced; a good root is legally effective and not dependent on a defective earlier transaction.
- The chain must be unbroken: each assignment, assent, mortgage release or probate must connect the parties.
- Searches should cover the land registry, probate registry, companies registry (for corporate vendors) and relevant customary or family consent.
- A good title is one that can be forced on a reluctant purchaser; it is free from encumbrances and reasonably free from doubt.
- The title abstract should show all interests, including easements, covenants, leases and charges.
Worked example
Vendor shows a certificate of occupancy issued in 1990 and a deed of assignment to the vendor in 2005. The root is the certificate, and the 2005 deed links the vendor. If the 2005 deed lacks the governor's consent, the chain is defective, and the purchaser should require consent or an indemnity before completion.
Traps
Accepting a photocopy as evidence of title. Ignoring a missing survey plan or plan mismatch. Treating a search at the wrong registry as conclusive. Overlooking a spouse's statutory occupancy rights or family consent.