There are certain procedures that are to be followed if the land is unregistered. They are as follows:
Decision has to be taken regarding the document that will be treated as the root source of the title and then a search has to be made to ensure that it is a good ‘root”
It is to be checked whether the property is free from all encumbrances. These are to be informed and / or disclosed to the purchaser of the property
All the deeds and documents beginning right from the main root up to the present titleholder have to be followed and studied. It also has to be ensured that there is no break in the chain of ownership. Documentary evidence has to be obtained in case there is a death or a change in name.
Each and every document in the chain is to be checked to ensure that there are no specific defects in any of them.
It is to be checked whether the title is already registered. It has to be ascertained when the compulsory registration order for that locality was enforced and also confirmed that no dealings have taken place since which would have induced the first registration.
It has to be checked whether the freehold title of a property is registered if the title is leasehold. If not, then from an examined copy of the freehold title it has to be checked whether the lessor’s permission is required for the proposed sale.
A land charges search against the seller’s name has to be conducted to check whether he has full and exclusive right title interest over the property or whether there are any encumbrances, which may not be revealed and /or disclosed from the title deeds.
