Certificate As To Title And Other Matters Deeds Miscellaneous 1827 Legal Draft Template
| Category | Deeds Miscellaneous |
| Format | Rich Text |
| File name | CERTIFICATE AS TO TITLE AND OTHER MATTERS-Deeds-Miscellaneous-1827.rtf |
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CERTIFICATE AS TO TITLE AND
OTHER MATTERS
(English Form)
From: (name and address of Solicitors giving the certificate).
To: (name and address of recipient of the certificate). Re: (name of owner) ('the Owner') and (brief description of the property) ('the Property').
1. The Project : This certificate is given in connection with (brief
description of transaction) ('the Project').
2. Definitions and interpretation : In this certificate:
2.1'the Property' means the property described in the First Schedule
and (where appropriate) any and every part of it.
2.2'the Current Use' means the present use of the property as referred
to in the First Schedule.
[2.3 'the Lease means the lease particulars of which are set out in the
Third Schedule].
2.4'the Letting Documents' means the leases underleases tenancieslicenses or other agreements or arrangements referred to in the [Sixth]
Schedule.
2.5 words importing the masculine include the feminine and vice versa.
2.6 words importing the singular include the plural and vice versa.
2.7 references to persons include bodies corporate and vice versa.
2.8 save where otherwise stated any reference to a numbered clause or
Schedule or part of a Schedule means the clause or Schedule or part of a
Schedule in this certificate which is so numbered.
2.9 any matter disclosed pursuant to or for the purposes of any particular clause or Schedule or part of a Schedule is deemed to be disclosed for all the purposes of this certificate.
3. Certificates : We certify that:
3.1 we have on behalf of the Owner and on your behalf investigated the title [of the Owner] to the Property.
3.2 we have examined the originals or Land Registry office copies or certified copies [or plain copies (which we have no reason to doubt are true copies of the originals)' of all documents of title and all other documents relating to the Property which are known to us to be relevant for the p urposes of this certificate as listed in the [Tenth] Schedule or referred to in other Schedules.
3.3 we have made all requisite searches and enquiries of the Owner and the appropriate local authorities and H M Land Registry and the Land Charges Department of H M Land Registry and the Companies Registration Office and made all other appropriate searches and enquiries in respect of the Property".
This is very exhausted certificate of title and its seems to English practice to issue such a certificate. It is given as a specimen though it is
not likely to be enumerated in this country.
3.4
the information given in this certificate arises from such exami
nation and the results of such searches and enquiries and (to the extent that these do not dislose such information) from:
3.4:1 material provided to us in writing by the Owner [or by the firm
of Solicitors referred to in the First Schedule] which material we have no
reason to doubt, but for which we cannot accept responsibility and
3.4:2 our own knowledge of the Property as Solicitors currently acting
in respect of the purchase of the Property by the Owner or matters involving
the Property or who have previously acted in respect of such matters to the
extent that we then so acted.
3.5
at the date of this certificate (or in the case of statements made in
reliance on any of the abovementioned searches and enquiries or on any
of the above mentioned material (other than those made of or provided by
the Owner) at the date of the replies to those searches and enquiries) or the
date of the provision of the material and in our opinion:
3.5:1 the Owner [has or will upon the completion of his purchase of the Property have] a [holding or good and marketable] title to the Property and
[is or will then be] solely beneficially entitled to the Property and to the
whole of the net proceeds of any sale or mortgage of the Property and the
income from the Property and
3.5:2 there are no matters adversely affecting the Property which are protected either by registration in the Land Charges Department of HM
Land Registry of a land charge under the Land Charges Act, 1972 against
any estate owner back to a good root of title or by any entry in the register
of the title to the Property or in the register of any superior title to the Property registered under the Land Registration Acts 1925-1986.
3.5:3 the details of the insurances currently maintained in respect of
the Property set out in the Second Schedule are accurate and complete in
all respects and
3.5:4 all premiums payable in respect of those insurances have been
paid for cover in respect of a period ending after the date of this certificate.
3.5:5 the Property is presently used for the purpose ('the Current Use')
referred to in the First Schedule.
3.5:6 the statements set out in the [Fourth] schedule are accurate and
complete in all respects except to the extent that they may be qualified in
the [Fifth] Schedule.
3.5:7 the Property is [freehold or leasehold].
3.5:8 [the Owner [is or will upon the completion of his purchase of the Property be entitled to be] registered under the Land Registration Acts 1925-1986 as proprietor of the Property with the quality of title and under the title number referred to in the First Schedule or the title to the Property is not registered under the Land Registration Acts, 1925-1986 and com mences with [a good root of title at least 15 years old at the date of this certificate or the Lease and continues with a good root of title at least 15 years old at the date of this certificate and the Owner [holds or will from the date of the completion of his purchase hold] the Property for the unexpired residue of the term of years created by the Lease subject to the payment of the rent reserved by the Lease [which is currently as mentioned in the Third Schedule] and to the observance and performance of the covenants and conditions contained in the Lease which are to be observed and performed by the Lessee of the Property [and the title of each and every superior Lessor has been investigated by us and found to be satisfactory in all respects and abstracts of the title of each and every superior Lessor [are or will from the date of the completion of his purchase be] in the possession or control of the Owner and [have been or will be] placed with the title deeds relating to the Property].
[3.5:9 all consents and approvals [known to us to be] required from any
Lessor or superior Lessor (and from their respective mortgagees (if any)) for
the vesting of the Lease in the Owner and in respect of any act or deed or omission of the Owner in relation to the Property [have been or are being]
[obtained and or applied for and we have no reason to believe that they will
not be obtained and when they are obtained they] [will be] placed with the
title deeds relating to the Property].
3.6 the Owner [holds or will from the date of the completion of his
purchase hold] the Property subject only to the leases underleases tenancies licences or other agreements or arrangements created by the Letting Documents but [is or will be] otherwise in control and actual occupation
of the Property on an exclusive basis and no part of the Property is vacantand no person (other than by title referred to in the [Sixth] Schedule) has or has agreed to have any right to possession occupation or use of the Property or has or is in the course of acquiring any rights over or against the Property or a title adverse to that of the Owner.
the statements set out in the [Seventh] schedule are accurate and complete in every respect except to the extent that they may be qualified in the [Eighth] schedule
4. Owner's confirmation
: The Owner has confirmed to us within the 5 working days immediately prior to the date of this certificate that he has
no cause to believe that any of the information contained in this certificate
is incorrect or misleading.
Full disclosure
: Subject to clause 6 we give this certificate in the
knowledge that in connection with the Project you are relying on the
accuracy of each and every statement contained in this certificate and the
full disclosure of all material information available to us
Conditions : This certificate is given upon and subject to the following conditions :
6.1This certificate is given only for the purposes of the Project and is solely for your use and not for the use of any third party.
6.2We have (save where the exercise of proper professional skill and expertise would have resulted in our obtaining material information or would reasonably give grounds for suspicion of inaccuracy or omission) no liability to you in respect of any inaccuracy in or omission from this certificate arising from:
6.2:1 any inaccuracy or omission on the part of H M Land Registry or
the Land Charges Department of H M Land Registry or the local or any other
authority furnishing certificates of search or other information upon which
we have relied; or
6.2:2 any inaccuracy in or omission from any deed or document relating
to the Property or any certified or examined copy or abstract of any deed or document (unless the relevant deed or document was negligently pre
pared by us) or
6.2:3 any withholding from us of material information known or which
ought to be known to the Owner and which is unknown to us.
6.3We have raised all usual enquiries and such further enquiries as
in our opinion were requisite of the Owner and/or the vendor of the Property
to the Owner (or such Vendor's Solicitors) and (except in the case of the
tenant[s] of the [pails of the] Property [which are let]) of all other parties
(or their advisers) who were known to us and who in our opinion should
have been approached for the supply or ratification of the information
contained in this certificate (to the extent that such parties were available
and willing to reply to such approaches) and while we know of no reason
to doubt the accuracy or comprehensiveness of the information and
material supplied by any or all of those parties we cannot accept respon
sibility for the accuracy or comprehensiveness of the informational and
material supplied by any or all of those parties [nor for any information ormaterial which would have been available to us if we had raised enquiries with the tenant[s]].
We have not carried out any personal inspection of the Property [nor have we made enquiries of the actual occupiers of the Property and have no liability to you in respect of anything which would have been ascertained by us {only} upon [either] a personal inspection of the Property [and/or enquiries of the actual occupiers of the Property].
6.5 We offer no opinion as to the value of the Property [as stated in the
contract for the sale and purchase of the Property] and all (if any) references
to the value of the Property contained in this certificate are based solely on
the information available to us as referred to generally and in detail
throughout this certificate and our professional judgment thereof as
commercial property lawyers and is preferred by us in no other capacity
whatsoever.
Dated:
Signed: Reference:
[Principal or Partner]
THE FIRST SCHEDULE
DESCRIPTION OF PROPERTY
THE SECOND SCHEDULE
(Particulars of insurance)
THE THIRD SCHEDULE
(Particulars of lease)
THE FOURTH SCHEDULE
(Statements regarding property)
THE FIFTH SCHEDULE
Qualifications to statement regarding the property.
THE SIXTH SCHEDULE
(Material details of the letting documents)
THE SEVENTH SCHEDULE
(Statement regarding letting documents)
THE EIGHTH SCHEDULE
Qualifications to state regarding the letting documents.
THE NINTH SCHEDULE
The document ......
THE TENTH SCHEDULE Document of title examined.