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Full title guarantee: Difference between revisions
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An expression tossed about casually, but which in fact has a specific meaning under the [[Law of Property (Miscellaneous Provisions) Act 1994]]. | An expression tossed about casually, but which in fact has a specific meaning under the [[Law of Property (Miscellaneous Provisions) Act 1994]]. | ||
Under said statute (section | Under said statute (section (1)) there are two forms of covenant a chap can give when transferring property: by "[[limited title guarantee]]", and by "[[full title guarantee]]". | ||
{{box|In an instrument effecting or purporting to effect a disposition of property there shall be implied on the part of the person making the disposition, whether or not the disposition is for valuable consideration, such of the covenants specified in sections 2 to 5 as are applicable to the disposition. | {{box|(1): In an instrument effecting or purporting to effect a disposition of property there shall be implied on the part of the person making the disposition, whether or not the disposition is for valuable consideration, such of the covenants specified in sections 2 to 5 as are applicable to the disposition. <br> | ||
(2) Of those sections— <br> | |||
(a)sections 2, 3(1) and (2), 4 and 5 apply where dispositions are expressed to be made with [[full title guarantee]]; and <br> | |||
(b)sections 2, 3(3), 4 and 5 apply where dispositions are expressed to be made with [[limited title guarantee]].}} | |||
Full title guarantee implies that: | Full title guarantee implies that: | ||