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?

<p>It does not convey ownership of the property straightforwardly. (A)</p> Signup and view all the answers

Which types of land recognition are primarily mentioned?

<p>Registered and unregistered. (D)</p> Signup and view all the answers

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

<p>It must identify the property and prove ownership without doubts. (A)</p> Signup and view all the answers

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

<p>A lease for any term. (D)</p> Signup and view all the answers

What does the Torrens Title system categorize?

<p>Types of title ownership. (B)</p> Signup and view all the answers

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

<p>A bad root of title. (B)</p> Signup and view all the answers

What is the primary purpose of conducting a title search?

<p>To determine if a vendor has a saleable interest in the property (A)</p> Signup and view all the answers

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

<p>A solicitor (A)</p> Signup and view all the answers

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

<p>Previous owners of the property (B)</p> Signup and view all the answers

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

<p>The legal rights to use and manage the property (A)</p> Signup and view all the answers

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

<p>Discovery of new adverse information about the property (A)</p> Signup and view all the answers

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

<p>Restrictive or special covenants imposed by the State (C)</p> Signup and view all the answers

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

<p>Each owner's share and its implications upon death (B)</p> Signup and view all the answers

Where can title searches typically be conducted?

<p>Online or at designated offices upon payment of a fee (C)</p> Signup and view all the answers

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

<p>A title that shows a clear chain of ownership (B)</p> Signup and view all the answers

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

<p>An absolute ownership interest (B)</p> Signup and view all the answers

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

<p>Identity card number, address, and citizenship (A)</p> Signup and view all the answers

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

<p>Market value of property (D)</p> Signup and view all the answers

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

<p>No interests have affected the land (C)</p> Signup and view all the answers

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

<p>Approval from the Minister under the Residential Property Act (B)</p> Signup and view all the answers

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

<p>Caveats on the property (C)</p> Signup and view all the answers

Why is a title search considered important in property transactions?

<p>It confirms the identity of the seller as the correct owner (D)</p> Signup and view all the answers

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

<p>Strata-landed housing and condominium developments (C)</p> Signup and view all the answers

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

<p>It could affect all units in a development (A)</p> Signup and view all the answers

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

<p>Owner's financial history (C)</p> Signup and view all the answers

Which of the following statements about caveats is correct?

<p>Caveats must be extracted for further examination (B)</p> Signup and view all the answers

What distinguishes an indefeasible title from other titles?

<p>It is considered unqualified and does not need earlier title investigation. (C)</p> Signup and view all the answers

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

<p>They could invalidate the sale contract if deemed unsatisfactory. (A)</p> Signup and view all the answers

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

<p>The court found the requisition reply to be unsatisfactory. (A)</p> Signup and view all the answers

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

<p>Authorities may impose a charge or offense penalties. (C)</p> Signup and view all the answers

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

<p>Excess parts constituting good title. (B)</p> Signup and view all the answers

What is the primary purpose of legal requisitions?

<p>To inquire about existing charges and compliance status. (B)</p> Signup and view all the answers

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

<p>Section 47.1c of the relevant Act. (C)</p> Signup and view all the answers

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

<p>It allows investigating only the current certificate of title. (C)</p> Signup and view all the answers

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

<p>The possibility of owning a non-compliant property. (C)</p> Signup and view all the answers

Flashcards

Title Search

A process to verify a property's ownership and any encumbrances.

Encumbrances

Debts, restrictions, or claims on property.

Certificate of Title

Document showing property ownership details and ownership type (like fee simple).

Fee Simple

Complete ownership of a property.

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Leasehold Estate

Right to use a property for a limited time, under a lease.

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State Title Details

Information from State regarding the property, such as lease or land grants.

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Title Document Number

Unique identification number for the property's title record.

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Solicitous Undertaking

A formal obligation to perform actions related to property, such following due process for ensuring legal transaction.

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Saleable Interest

Seller's legal right to transfer property ownership.

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Good Route of Title

A clear and verifiable chain of ownership for the property.

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Certificate of Title (CT)

A document providing details about a property's ownership and associated information.

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Registered Proprietor

The legal owner of a property, as registered with the authorities.

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Instrument of Transfer

A document recording a property's transfer of ownership.

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Caution as to Title

Information on potential claims or interests affecting a property's title.

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Lot-Based System (LBS)

A system showing details about land parcels, including their history.

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Strata-Landed Housing

A type of property development with shared ownership of common areas.

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Foreign Ownership Restrictions

Regulations governing property ownership for non-Singaporean citizens in residential property.

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Give Transfer

Property transfer without a monetary transaction, often as a gift.

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Breach of Solicitor's Undertaking

Failing to fulfill the promise made in the solicitor's undertaking.

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Registered Land

Land whose title is recorded in a public registry, providing a clear record of ownership.

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Unregistered Land

Land whose title is not recorded in a public registry, making it difficult to verify ownership.

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Bad Root of Title

A document or event that raises doubts or complicates the chain of ownership.

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Conveyance on Sale

A legal document that transfers ownership of a property from seller to buyer.

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Illegal Mortgage

A mortgage that is not valid under the law, often due to improper documentation or processes.

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Lease for a Term

A lease agreement for a specific period of time, usually for using a property.

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Voluntary Conveyance

A transfer of property without valuable consideration, often considered unreliable.

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Indefeasible Title

A property title that is free from any legal challenges or claims, meaning ownership is absolute.

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What does an indefeasible title mean for title investigation?

An indefeasible title allows solicitors to skip investigating the historical ownership chain and focus directly on the current certificate of title.

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What is a legal requisition?

A formal question sent to government departments or statutory boards during property purchase, seeking information about the property's legal status.

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What kind of information do legal requisitions gather?

Legal requisitions gather information about charges, fees, assessments, notices affecting the property, and potential legal liabilities.

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What are 'charges' on a property?

Financial obligations or restrictions placed on a property, which may affect its ownership or sale.

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What is the impact of non-compliant charges or fees?

Non-compliance can result in the authorities imposing a charge on the property, potentially leading to a sale to recover the debt.

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How do legal requisitions protect the purchaser?

Legal requisitions provide the buyer with essential information, allowing them to make an informed decision and safeguard their interests.

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What is the significance of legal requisitions in title investigation?

Legal requisitions uncover potential legal issues affecting the property, which is a crucial aspect of title investigation.

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What is the case of Choo Yikmand and Raju Kopal about?

This 1987 case provides a comprehensive explanation of the concept of legal requisitions and their purpose.

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What is the case of Su Nam Tung vs Pang Song Hua about?

This 2011 case examines the consequences of unsatisfactory replies to legal requisitions and the potential to rescind the purchase contract.

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

REP 2 - Searches PDF

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.

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