REP 2 - Property Title Search

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Questions and Answers

What indicates that a solicitor has fulfilled their duty regarding the title deeds?

The solicitor conducts a thorough inspection of the property.

The solicitor provides a guarantee of ownership.

The solicitor offers a written confirmation of title status.

The title deeds are returned upon demand without claims. (correct)

Which of the following is a potential consequence of breaching a solicitor's undertaking?

Professional misconduct charges. (correct)

Revocation of property rights.

Financial penalties from clients.

Loss of all current cases.

What is the primary goal of conducting an investigation of title?

To establish a good route of title. (correct)

To verify the physical condition of the property.

To confirm the ownership of the property under dispute.

To determine the registration status of the land.

In which situation is a will considered a bad root of title?

It does not convey ownership of the property straightforwardly. Signup and view all the answers

Which types of land recognition are primarily mentioned?

Registered and unregistered. Signup and view all the answers

What is necessary for an instrument to be classified as a good root of title?

It must identify the property and prove ownership without doubts. Signup and view all the answers

According to the discussion, what is an example of a bad root of title for a freehold estate?

A lease for any term. Signup and view all the answers

What does the Torrens Title system categorize?

Types of title ownership. Signup and view all the answers

What could a voluntary conveyance be classified as in terms of title quality?

A bad root of title. Signup and view all the answers

What is the primary purpose of conducting a title search?

To determine if a vendor has a saleable interest in the property Signup and view all the answers

Who is most commonly recommended to conduct an exhaustive title search?

A solicitor Signup and view all the answers

Which of the following is NOT typically revealed by a Certificate of Title?

Previous owners of the property Signup and view all the answers

What do restrictions or easements pertain to in the context of title searches?

The legal rights to use and manage the property Signup and view all the answers

What is a potential consequence of not updating a title search before completion of a property purchase?

Discovery of new adverse information about the property Signup and view all the answers

What essential detail can be found in the State Title during a title search?

Restrictive or special covenants imposed by the State Signup and view all the answers

What does the manner of holding, such as 'tenants in common,' indicate?

Each owner's share and its implications upon death Signup and view all the answers

Where can title searches typically be conducted?

Online or at designated offices upon payment of a fee Signup and view all the answers

Which of the following best describes a 'good route of title'?

A title that shows a clear chain of ownership Signup and view all the answers

What type of estate does a Certificate of Title indicate if it states 'fee simple'?

An absolute ownership interest Signup and view all the answers

What information can be found on the Certificate of Title regarding the registered proprietor?

Identity card number, address, and citizenship Signup and view all the answers

Which of the following is NOT indicated on the Certificate of Title?

Market value of property Signup and view all the answers

What does a NIL entry in the Caution as to Title signify?

No interests have affected the land Signup and view all the answers

What is required for foreign persons to acquire restricted residential property in Singapore?

Approval from the Minister under the Residential Property Act Signup and view all the answers

What does Lot-Based System (LBS) search NOT provide information on?

Caveats on the property Signup and view all the answers

Why is a title search considered important in property transactions?

It confirms the identity of the seller as the correct owner Signup and view all the answers

What kind of properties would require the Minister's approval for ownership?

Strata-landed housing and condominium developments Signup and view all the answers

What implication does a 'give transfer' have on property ownership?

It could affect all units in a development Signup and view all the answers

What type of information does the Certificate of Title NOT typically provide?

Owner's financial history Signup and view all the answers

Which of the following statements about caveats is correct?

Caveats must be extracted for further examination Signup and view all the answers

What distinguishes an indefeasible title from other titles?

It is considered unqualified and does not need earlier title investigation. Signup and view all the answers

In the context of legal requisitions, why are replies from government departments significant?

They could invalidate the sale contract if deemed unsatisfactory. Signup and view all the answers

What was the outcome of the case Su Nam Tung vs Pang Song Hua?

The court found the requisition reply to be unsatisfactory. Signup and view all the answers

What might happen if charges or fees are not paid on the property?

Authorities may impose a charge or offense penalties. Signup and view all the answers

In the case of Chingt-Jerriza and Wee-Hong Leong, what aspect of title is discussed?

Excess parts constituting good title. Signup and view all the answers

What is the primary purpose of legal requisitions?

To inquire about existing charges and compliance status. Signup and view all the answers

Which provision is related to the sending of legal requisitions for strata unit purchases?

Section 47.1c of the relevant Act. Signup and view all the answers

How does an indefinite title affect the need for investigating past property issues?

It allows investigating only the current certificate of title. Signup and view all the answers

What risk does a purchaser face without full knowledge of a property's legal requisitions?

The possibility of owning a non-compliant property. Signup and view all the answers

Study Notes

Title Search Overview

A title search is a process to answer three key questions:
- Does the seller have a saleable interest in the property?
- Are there any outstanding encumbrances on the property needing payment?
- What restrictions or easements affect the property's use?

Who Can Conduct a Title Search?

Anyone can perform a title search
It's common for people to hire a solicitor for a thorough title search
Documents relating to property transfers are publicly recorded

Where to Conduct a Title Search

Title searches can be done online via a service website or at a physical office.
Fees apply

Solicitor's Role in Title Search

Solicitors conduct title searches for clients purchasing properties.
They update the search just before a purchase closes to ensure no new issues arise.
Property transactions typically take about eight weeks

Title Certificate Information

The certificate indicates if it's a fee simple (complete ownership), a perpetual estate or leasehold.
It shows details of the state's title, potentially with restrictions.

Title Document Details

Shows the title document number (eg Subsidiary Strata, Volume 1030, Folio 174).
Includes lot area, manner of holding (joint/common tenants) and how a person's share is passed at death.
Gives the registered owner's name, ID, address and citizenship.

Property Ownership Instrument

Instrument of Transfer: Shows details, including purchase price (or gift status)
Caution as to Title: shows any issues or encumbrances to the title as of the last transaction.

Title Examination

There may be additional notices, court orders, documents from collective sales, title boards, court orders, covenants, charges or mortgages.
Copies of these documents are examined for further scrutiny.
The type of property (like condo or strata housing) is noted, for developments which require approval from the relevant authorities.

Legal Requisitions

Legal requisitions are questions sent to government agencies about potential property issues.
Useful for purchases in strata properties.
If answers are unsatisfactory, the contract is potentially rescindable by the purchaser.
Non-payment of charges/fees can create a property charge or offence.

Good vs. Bad Roots of Title

Good root of title is a conveyance from sale or mortgage
Bad roots include leases (for various terms), voluntary conveyances, wills and documents for exercising an appointment power.

Indefeasible Title (Torrens System)

Indefeasible titles are readily available
Solicitors don't have to examine earlier titles (under common law); the current title shows everything

Legal Requisitions and Title

Legal requisitions are part of the title investigation process, revealing any property charges/fees, notices to owners or other issues.
Non-compliance can result in a charge being placed on the property or create an offence.

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Description

This quiz covers the essential aspects of conducting a property title search, including the key questions to answer and who can perform this task. Understand the role of solicitors, where to conduct the search, and the importance of title certificates in property transactions.