Conveyancing by Priscilla Sarton LL.M (auth.)

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By Priscilla Sarton LL.M (auth.)

Part of Macmillan's sequence of legislation books, this article is meant for legislation undergraduates. It offers an creation to conveyancing and the legislation which practice to it. different titles within the sequence comprise "Basic English Law", "Company Accounts", "Criminal legislation" and "Personnel Administration".

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Example text

G. legal easements). If the restrictive covenants were not entered on the charges register they would cease to bind Patience, as they would not be protected by an entry on the register, nor would they be overriding interests. The person with the benefit of the covenants would have been seriously prejudiced by the registration of the title. His remedy would be to apply for rectification of the title, to ensure that the covenants are entered in the charges register. (but see Freer v. Unwins Ltd [1976]).

If after contract his investigation of title reveals that there are defects in the title that he was not told about at the time of contract, he can say that the defect is a breach of contract, and possibly that the contract is discharged by the breach. The purchaser is then released from his obligation to buy. Of course, there is considerable inconvenience for a purchaser in this position, who is probably committed to a contract to sell his existing house, and so you may be asking yourself 'why does the purchaser not always investigate title before the contract'?

On exchange, a date for completion, previously settled between the parties, will be put in the contract. 8 Insurance We have seen that if the contract incorporates the standard conditions, the risk of physical damage to the property no longer passes to the purchaser on exchange of contract. It is therefore not essential for a purchaser to insure against that risk until completion. However, as Susan is buying with the aid of a mortgage loan, you must check the lender's requirements as to insurance.

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