The draft should also include what documentary evidence of title the seller should provide. This is laid down in SC 4.1 and SCPC 6.1. However, in practice such a provision is relied upon only when the seller has been unable to convince the buyer on a clear title (as per SC 4.2.1 and SCPC 6.1.2). Therefore, the conveyancing solicitor for the seller will have to include a special condition to explain how the title has been proved. For instance, when the title has been acquired by adverse possession, the title would have been proved through a statutory declaration- this has to be mentioned in the special condition.
As said earlier, unless the seller is able to convince the buyer on a clear title, the provisions mentioned under SC 4.1 and SCPC 6.1 are not relied upon because modern day conveyancing practices make it possible for the title to be deduced even before the contract is exchanged. Once the title is deduced prior to the exchange of contract, the buyer’s conveyancing solicitors cannot raise a request for further discussion on the title.
Photo courtesy: Marc van der Chijs
