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Full Title Guarantee Breach
Wellsbells
Posts: 10 Forumite
Hoping a solicitor member can help please.
A property purchase is registered at Land Registry using TR1 Transfer document. This document is a Deed.
As I have Full Title Guarantee, what is the limitation period on a breach of the basic covenants implied within the Deed? Is it twelve years because it's a Deed?
This is not about restrictive covenants, but the basic implied ones that vendor owned the land and didn't know of any third party rights, etc.
Thank you.
A property purchase is registered at Land Registry using TR1 Transfer document. This document is a Deed.
As I have Full Title Guarantee, what is the limitation period on a breach of the basic covenants implied within the Deed? Is it twelve years because it's a Deed?
This is not about restrictive covenants, but the basic implied ones that vendor owned the land and didn't know of any third party rights, etc.
Thank you.
0
Comments
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Form TR1 is not a Deed0
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Thanks for reply, but I'm not clear on this.
The completed TR1 I have states "The transferor must execute this document as a deed ...".
It was "signed as a deed" (printed wording on TR1) by the vendor in the presence of a witness.
Any further help greatly appreciated.0 -
To be honest, we probably need more information.
What exactly has happened? It would appear that either the seller has sold land they didn't own or didn't inform you of third party right?
As you say, the TR1 is executed as a Deed rather than just a standard contract. Also, depending on the exact type of the breach, you may be covered by the Land Registry, as the 'guarantee' part actually relates to the Land Registry guaranteeing the title.0 -
Form TR1 is not a Deed
G_M, I hate to disagree with you but Form TR1 must be signed as a deed, pursuant to section 52(1) of the LPA 1925.
OP, I wouldn't worry too much about title guarantee if the property you bought was registered due to the Land Registry's indemnity (http://blog.landregistry.gov.uk/land-registrys-indemnity-payments/). Unless you sold a property which you didn't own, in which case - huh?0 -
Disagree away bobobski, I'm really just a mortal, not the tea-fairy you all think I am.....0
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