The phrase ‘deduction of title’ refers to a seller’s obligation to prove his ownership in the land he intends to sell. Such an ownership is proved by producing documents that are evidence of the title.
Time for deduction
The following article discusses about the benefits of modern day conveyancing practices where all documents relating to the land should be submitted at the pre-contract stage.
Earlier, deduction of title was undertaken only after the contract was exchanged and the buyer had to take the seller’s title on trust until that time & to rely on his right to rescind the contract if enquiries revealed that the title was less than satisfactory, or was contrary to the information provided by the seller.
But modern day conveyancing has made things easier for the buyer; he can now verify things at the pre-contract stage itself. Because the buyer enters into a contract after ascertaining facts relating to the land, his rights to raise doubts relating to the title are limited. This is reflected in the Standard Conditions of Sale and Standard Commercial Property Conditions.
Seller’s obligations
The seller is obligated to provide sufficient documentary evidence that he has ownership to the property and that he has a right to sell it.
Method of deduction for registered land- official copies
The Protocol and the Standard Conditions of Sale and Standard Commercial Property Conditions obligate the seller to supply official copies of the title to the buyer. These copies are obtained from the Land Registry and are paid for by the seller. The Protocol requires that the official copies of entries should be less than six months old.
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