PAGE 55 & 56 Vict. c. 11, Mortmain and Charitable Uses Act Amendment Act, c. 13, Conveyancing and Law of Property Act, 1892— (Leasehold Property) (Mines and Minerals) 234 .185, 186 217 (Trustees, Sales and Mortgages by)......327, 328 56 & 57 Vict. 249 c. 21, Voluntary Conveyances Act, 1893 (Settlements)... 298, 301 147 .15, 16 .49, 50 61 70 (Partnership) 246 (Trustees, Sales and Mortgages by)... 327, 328, 329, 332, 333, 334 (Vesting Declarations and Orders)......343, 344, c. 63, Married Women's Property Act, 1893 (Covenants) 57 & 58 Vict. (Wills). c. 10, Trustee Act (1893) Amendment Act, 1894- (Mines and Minerals) 345, 346 78 350 215 (Vesting Declarations and Orders)............ 345 c. 30, Finance Act, 1894- (Administrators, Sales and Mortgages by)...9, 10 Executors, Sales and Mortgages by)... 134, 135 c. 47, Building Societies Act, 1894 (Building Societies) 219 43 58 & 59 Vict. c. 16, Finance Act, 1895 (Stamps) 308 c. 26, Friendly Societies Act, 1895 (Friendly Societies)......... 147 59 & 60 Vict. PAGE c. 25, Friendly Societies Act, 1896 (Friendly Societies) 147, 148, 149 (Reconveyance) c. 26, Collecting Societies and Industrial Assurance Companies Act, 1896 (Friendly Societies). c. 28, Finance Act, 1896 (Death Duties) 60 & 61 Vict. (Land Tax)... 260 147 ..93, 94 178 c. 44, District Councils (Water Supply Facilities) Act, 1897 (Land Improvement Acts) c. 65, Land Transfer Act, 1897 176 (Administrators, Sales and Mortgages by)... 10 (Appointments) 31 (Charges by Will) 53 (Death Duties) 94 (Executors, Sales and Mortgages by) 135 (Intestacy) 165, 166 (Wills) 61 & 62 Vict. (Registration of Deeds and Wills) (Appendix E) c. 10, Finance Act, 1898 (Death Duties) c. 48, Benefices Act, 1898 (Advowsons) 264 357 383 .89, 93 (Stamps). 307 .12, 13 Seton Burton's Compendium of the Law of Real Coke upon Littleton (19th Edition, by Har- Cruise's Digest of the Laws of England respecting Real Property (4th Edition, by White). Fearne on Contingent Remainders and Executory Devises (1st Edition). Littleton's Tenures. Seton's Forms of Judgments and Orders (5th Shep. Touchstone...... Sheppard's Touchstone of Common Assurances INVESTIGATION OF TITLE. INTRODUCTORY. Or the many important duties performed by solicitors, none requires more skill and care than the investigation of the title to landed estates, and it is only by adopting a methodical system of perusal that even an experienced conveyancer can be sure of noticing all the points which arise upon a long abstract. There are, it should be observed, two distinct questions to be borne in mind when perusing a title. Firstly, does the abstract show a good title? Secondly, if so, can the vendor prove the title as stated in the abstract? Various methods of analysis have been suggested and recommended for facilitating the work of the conveyancer. The writers have in practice found it best to adopt a simple plan, which can be conveniently summed up in the following rules:— (1) First glance through the abstract in order to obtain a general idea of the title with which you have to deal. (2) Afterwards, if the length of the abstract will permit, peruse it completely at one uninterrupted sitting. (3) Note shortly, as you proceed, each dealing with or devolution of the legal or equitable J. B interest, and in a separate column of your paper note the points which (unless subsequently disposed of) it will be necessary to further consider and make requisitions upon. (4) Note also events upon which the title depends, such as births, marriages and deaths, distinguishing those of which proof will be required by the requisitions. (5) As any of the points referred to above are disposed of on the abstract, strike out the note relating to them. (6) See that the parcels are correct, following up step by step the descriptions in the various documents abstracted. (7) Where the title depends upon some event not having happened (e.g., a power not having been exercised), make a requisition inquiring as to such event with a view to obtaining a negative answer, and thus casting upon the vendor the responsibility of a positive state ment. The plan recommended for adoption is illustrated in the APPENDIX B. by reference to a model abstract, followed by counsel's notes made thereon for the purpose of the preparation of opinion and requisitions. In drawing requisitions it is convenient to have for reference a note of the subjects on which, in a title of the description being dealt with, requisitions will usually be necessary. The following suggestions embrace not only points which are, properly speaking, the subject of requisitions, but also matters which, while not strictly questions of title, are usually and conveniently inquired into by a purchaser's solicitor when sending in his requisitions. |