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Root of title

Practical Law UK Glossary 6-107-7180 (Approx. 3 pages)

Glossary

Root of title

This is the deed to which title to a property is ultimately traced to prove that the owner has good title. It applies only in relation to unregistered land. Under the open contract rules, which govern the deduction of title in the Law of Property Act 1925 (LPA 1925), the seller is required to give evidence of title starting with a "good root of title" at least 15 years old (section 44, LPA 1925). If the land is to be registered at the Land Registry with title absolute, a good root of title and an unbroken chain of ownership is required.
To be a good root of title, a document must satisfy each of the following requirements:
  • It must deal with or show the ownership of the whole legal and equitable interest in the land in question.
  • It must contain a recognisable description of the property.
  • It must not contain anything that casts any doubt on the title.
End of Document
Resource ID 6-107-7180
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Resource Type Glossary
Jurisdictions
  • England
  • Wales
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