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Author:   Phillip H. Kenny
Publisher:   Oxford University Press
Imprint:   Blackstone Press Ltd
ISBN:  

9781854314710

ISBN 10:   1854314718
Pages:   104
Publication Date:   01 July 1995
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

"Part 1 The basic scheme. Part 2 The legislation described: when are the statutory covenants implied?; covenant concerning the right to dispose and for further assurance; covenant for freedom from encumbrances; freedom from encumbrances; full title guarantee; what are ""charges and encumbrances"" and ""all other rights exercisable by third parties""?; miscellaneous statutory rights; freedom from encumbrances; limited title guarantee; covenants relating to leasehold land; further leasehold covenant (s. 4); further covenant where there is a mortgage of leasehold land or land subject to a rent charge (s. 5); limited effect of covenants (s. 6); passing the benefit of covenants (s. 7); Welsh form of covenant (s. 8(4)); construction of covenants (s. 8(2)); transitional provisions. Part 3 Practical use of the covenant for title: the position where no covenant for title is given; should a seller be unwilling to give a full title guarantee?; the relevance of the Standard Condition of Sale; patent defects in title; relevance of other remedies; summary of the no-covenant position; the position of mortgagees; covenants for title in registrered land; covenants for title and particular conveyancing parties; covenants for title under particular statutes. Part 4 Remedies for breach of covenants for title: specific performance; damages; self-help; limitation. Appendices: suggested clauses; text of the Law of Property (Miscellaneous Provisions) Act 1994; text of the Law of Property Act 1925, Schdule 2; text of the land Registration Act 1925, Section 38; text of the Land Registration Rules 1925, Rules 76 and 77 as originally made; text of the Land Registration (Implied Covenants for Title) Rules 1995."

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