Evidence of Title
The fifth compulsory is item is the Evidence of Title i.e. documents that prove that the seller owns the property and therefore has the right to sell it. Where the property being sold is registered, certain documents that are available on request from the Land Registry must be included in the Pack. These provide an up-to-date official record of who owns the land, and consist of:
i) Official copies of the individual register (made up of a property register, proprietorship register and, typically, a charges register)
ii) An official copy of the title plan
In the case of the sale of a commonhold interest, official copies of the register and title plan should be produced for both the unit and common parts.
For sales of unregistered land, the Pack must include copies of a certificate of an official search of the index map (obtained from the Land Registry), and those documents that the seller intends to rely on to provide evidence of title to the property, and thus the right to sell it.
Documents needed for leasehold and commonhold properties only
Some of the documents in the HIP are only needed for leasehold and commonhold properties these are as follows:
Leasehold – only a copy of the Lease is compulsory however the following items may be included in the HIP if available:
i) Any regulations or rules that apply to the property that aren’t mentioned in the lease and any proposed amendments to same
ii) Statements or summaries of service charges covering the previous 3 years
iii) Where appropriate, the most recent requests for payment of service charges, ground rent, insurance against damage for the building in which the property is situated, and insurance in respect of personal injury caused by or within the building during year before marketing began
iv) The name and address of the current or proposed lessor, and details of any managing agent that has been appointed or proposed by the lessor to manage the property
v) A summary of any works being undertaken or proposed that will affect the property or the building in which it’s situated.
Commonhold – the following documents are required for all commonhold properties:
i) An official copy of the individual register and title plan for the common parts.
ii) An official copy of the commonhold community statement
The following items should also be included in the HIP where they are reasonably obtainable, or sellers can reasonably be expected to be aware of them:
iii) Copies of any regulations or rules not described in the commonhold community statement and any amendments proposed to those regulations or to the commonhold community statement
iv) Copies of any requests for payments made in the previous year in respect of commonhold assessment, reserve fund levy and insurance (if not covered by a request for commonhold assessment)
v) The name and address of any managing agent or other person appointed or proposed to be appointed by the commonhold association to manage the commonhold
vi) A summary of current or proposed works affecting the commonhold.