It is the primary responsibility of the buyer’s solicitor to check and verify the title provided by the seller against the original deeds. In a registered land, the true state of the Register can be obtained by the buyer when making pre-completion search at the Land Registry.
In an unregistered land, the buyer’s conveyancer should check the abstract or the epitome against the seller’s original deeds. In most cases, the buyer’s solicitor would postpone this verification process until completion. But when the buyer finds an error in the title that was not previously disclosed by the seller, there shall be a delay in the completion. In fact, the SC 4.3.1 allows a further delay of six working days to raise further queries.
However, when photocopies of the original deed are submitted with the abstract or epitome, the verification process only remains a formality. According to Standard Conditions 4.1.3, the seller should produce the original of every document to the buyer. But if the original is not available, a certified true copy of the original marked by a solicitor of examination should be submitted.
Photo courtesy: christian.terboven
