Full title guarantee: Difference between revisions

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*Where the interest being transferred is a leasehold only, it is presumed that the the entire unexpired residue of the term of the lease is being transferred (section 2(3)) and that the lease is subsisting and the seller has complied with its terms.
*Where the interest being transferred is a leasehold only, it is presumed that the the entire unexpired residue of the term of the lease is being transferred (section 2(3)) and that the lease is subsisting and the seller has complied with its terms.
*The transfer is free from all charges, encumbrances and adverse rights, other than those the seller could not reasonably be expected to know about (section 3(1)).
*The transfer is free from all charges, encumbrances and adverse rights, other than those the seller could not reasonably be expected to know about (section 3(1)).
That latter representation makes "full title guarantee" an odd thing to say in the context of cleared securities, where interests are transferred subject to clearing system liens (and actual legal title is held by the bearer of a global security).


==See Also==
==See Also==

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