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Investigation of title — SQE1 Property question

A worked single-best-answer question on investigation of title, with why each wrong option is wrong — the way SQE1 traps candidates.

Investigation of title

Your firm acts for Nadia, who is buying Larch Cottage, a freehold house with unregistered title, from Owen. The seller's solicitor has sent an epitome of title containing: a 1984 conveyance on sale from Quentin to Rhys; a 2001 conveyance on sale from Rhys to Sian, which describes the property by reference to a plan and contains nothing casting doubt on the title; and a 2015 conveyance on sale from Sian to Owen. There is no voluntary disposition in the chain. Nadia's purchase is taking place this year.

Which document should Nadia's solicitor accept as a good root of title?

  1. AThe 2015 conveyance on sale, because the most recent conveyance on sale is always the root of title.
  2. BThe 2001 conveyance on sale, because it is at least 15 years old, deals with the whole legal and equitable interest and casts no doubt on the title.
  3. CThe 1984 conveyance on sale, because a root of title must be at least 30 years old.
  4. DNo root is needed, because the buyer is entitled only to the seller's own conveyance and an official search of the index map.
  5. EThe title must be traced back to the original Crown grant, because unregistered titles have no statutory root period.
Show answer and reasoning
B is the best answer. Under the Law of Property Act 1969, s 23, a buyer of unregistered land is entitled to call for title commencing with a good root at least 15 years old. A good root deals with the whole legal and equitable interest, describes the property adequately and casts no doubt on the title; a conveyance on sale is the best kind. The 2001 conveyance is the most recent document meeting those requirements.

Rule: A buyer of unregistered land is entitled to title starting from a good root of title at least 15 years old, ideally a conveyance on sale.

  • A The 2015 conveyance is less than 15 years old, so it cannot satisfy the statutory minimum period for a root. (wrong rule)
  • C Thirty years was the pre-1970 period; the Law of Property Act 1969 reduced the minimum to 15 years. (wrong rule)
  • D On a sale of unregistered land the buyer is entitled to a chain of title starting with a good root at least 15 years old, not merely the seller's own deed. (wrong rule)
  • E Statute fixes a 15-year minimum for the root; there is no requirement to trace title to a Crown grant. (wrong rule)

Source: Law of Property Act 1925, s 44(1), as amended by Law of Property Act 1969, s 23

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