Not all land in England and Wales is registered. Where it isn't, there is no central register to confirm who owns what — so a seller proves their right to sell through a chain of historical documents, and the buyer's solicitor must examine that chain to make sure the title is sound. Getting this right protects your client from buying a defective title or being bound by hidden third-party rights, and it is a core skill in any conveyancing practice.
This lesson walks you through an unregistered transaction from start to finish:
- Proving Title and the Root of Title — how title is proved without a register, and what makes a document a good starting point.
- Epitome of Title — assembling the schedule of documents that traces ownership to the present day.
- Examining the Deeds — checking each document was validly executed by an individual, company, or attorney.
- Defects and Incumbrances in the Chain — handling mortgages, pre-root documents, and constructive notice.
- Land Charges Register — how this name-based register works and what binds a buyer.
- Conducting Land Charges Searches — searching against the right names for the right periods, and protecting priority.
- Completion and First Registration — what passes on completion and why registration must follow promptly.