Evidence of an instrument or burden on a folio

The committee wishes to clarify that, in registered title cases, where it is appropriate to produce Land Registry instruments as evidence of the content of burdens registered on folios, a vendor should produce official Land Registry copies of such instruments.

The committee also wishes to clarify that, in cases where a purchaser’s solicitor (rather than get the official copy Land Registry instrument) is satisfied to accept a copy of the transfer on foot of which the burden was registered, the vendor’s solicitor should furnish:

• A certified copy of the relevant deed of transfer, and
• His/her certificate confirming that all the covenants and conditions affecting the property are comprised in the said deed of transfer.

Because of the onerous nature of such a certificate, it is recommended that a vendor’s solicitor would only give it where the matters certified are within his/her own personal knowledge of the title. If in any doubt, the Land Registry instrument should be furnished.