Issues That Could Arise from Investigation of Property Title and Further Action Required

During the investigation of title for a property in England and Wales, several issues could arise that may require further action to be taken. These issues can affect the property's ownership, legal status, or marketability. Some of the common issues that may be discovered during the title investigation include:

Unregistered land: If the property is not registered with the Land Registry, it may require voluntary registration. This involves submitting an application to the Land Registry to officially record ownership and details of the property. The seller may need to initiate this process.

Missing title deeds: If title deeds are missing or incomplete, efforts should be made to locate them. The Land Registry or historical records may provide copies or information to establish ownership.

Boundary disputes: Disputes with neighbours over property boundaries may need to be resolved through negotiation, mediation, or legal action if necessary.

Easements and rights of way: The presence of easements (rights of way) or other third-party rights affecting the property should be investigated. It may be necessary to negotiate terms or seek legal advice if issues arise.

Restrictive covenants: Restrictive covenants in the property's title may limit certain uses or alterations to the property. Legal advice may be needed to address compliance or seek modifications.

Encumbrances and charges: Outstanding mortgages or charges on the property should be cleared before the sale can proceed. The seller may need to discharge any financial obligations.

Planning and building regulations: Non-compliance with planning or building regulations may require retrospective approvals, rectifications, or negotiations with the local planning authority.

Leasehold issues: For leasehold properties, issues related to lease extensions, ground rent, and service charges may need to be addressed with the freeholder or management company.

Defective title: In cases of defective title, such as adverse possession claims, unresolved disputes, or unclear ownership history, legal action or negotiations may be necessary to resolve the issues.

Environmental concerns: Environmental issues, such as contamination or flooding risks, may require further assessments or remediation measures to comply with legal requirements.

Lack of access or services: Properties without legal access, utilities, or necessary services may require negotiations with neighbouring landowners or utility providers.

Listed buildings and conservation areas: Properties in conservation areas or listed buildings may have strict preservation rules that affect modifications. Special permissions and approvals may be necessary.

Unresolved planning permissions: If the property has undergone extensions or alterations without the necessary planning permissions or building regulation compliance, it could pose legal and financial risks.

Bankruptcy or Insolvency: If the seller is bankrupt or insolvent, legal advice may be needed to navigate complex legal issues related to the sale because the property to be sold may be claimed by the creditors.

Adverse possession claims: There might be claims of adverse possession, where someone else has occupied the property for a considerable period, potentially challenging the current owner's title.

Inaccurate or fraudulent conveyances: Some conveyancing documents may be fraudulent or have inaccuracies that need to be addressed.

Chancel repair liability: In certain areas, properties may be liable for contributing to the cost of repairing the local parish church chancel.

It is crucial for buyers to engage the services of a qualified solicitor or conveyancer to conduct a thorough investigation of the property title and handle any arising issues to ensure a smooth and legally secure property transaction.