The defects in the title should be corrected with immediately. In case of unregistered land:
If the previous conveyance has been incorrectly executed, then a reconveyance has to be made and executed by the concerned parties.
If something has been omitted or an error has been made in the previous conveyance, then a confirmatory conveyance has to be made.
The correct stamp duty must be paid together with the penalty if the previous conveyance had not been stamped properly or inadequately.
If a conveyance has a defect that cannot be corrected, then a consideration has to be paid for obtaining the defective title indemnity insurance, which is normally on payment of a single premium. When there is a breach of covenant, which cannot or will not be waived by the person with the benefit of the covenant, then restrictive covenant indemnity insurance should be considered. Insurance can be difficult to obtain or premiums might be on the higher side if the defect or breach is considerably recent or new. The District Land Registries constitute solicitors to deal with difficult legal situations arising from the defective titles and the Land Registry’s view is sought for such problems before the contracts are exchanged between the seller’s advocate and the purchaser’s advocate. This is a free service and no fees are charged for the same. The Registry requests that the enquiry should be brief and so the entire document need not be produced before the advocate appointed by the Land registry.
