More title issues

Whilst I agree with the sentiments of Ashley J Swanson’s letter (on dealing with faults in titles), I have noticed a trend recently whereby purchasing solicitors raise relatively minor title points and insist that these be dealt with by reference to Pre-Registration Enquiries. Perhaps these solicitors have too much time of their hands? When I offer my own view of the law, I am (sometimes, but not always) politely told that this is irrelevant.

On several occasions the issues have involved questions of law (or practice) to which any moderately experienced solicitor should know the answer. I recommend a dip into the new edition of by Professors Gretton and Reid where, at para 7-15, in an excellent summary of how exacting an examination of title should be, the learned professors conclude with the wise advice that “The conveyancer must know when to speak up and when to shut up”. Well said!