entails other checks. One example is checking that there are no orders for
resumption or compulsory purchase. Another is making sure that the vendor
has complied with any covenants that attach to the land. A third is making sure
that there are no undisclosed charges on the land. In many cases these
consists of charges imposed by statute for the benefit of government
authorities. This is an aspect of title because the authority can sell the land to
discharge the debt regardless of who now owns it.
(4)
Securing receipt of title documents at settlement. This ensures that
payment is made only when title documents are handed over.
(5)
Registering title documents when received. This
shores up the
purchaser’s title. Some jurisdictions provide that the purchaser does not
obtain full legal title until their interest is registered in the land titles office (a
feature of land held under Torrens title). Some jurisdictions provided that the
date of registration is the date for determining priority between competing
interests. That is, the interest that is registered first has priority over an interest
registered at a later time.
Practical Advice
A manual for transactions should include practical advice about performing the
steps. This could involve advice on traps and tips - alerting the lawyer to any
problems that can arise, and giving hints to facilitate the transaction.
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