Laws Relating to Real Property and Conveyancing

It remains to mention that a system of registration of title to land has been established ; at present, however, the system is only compulsory in the County of London and in one or two outlying districts. (See LAND REGISTRATION.) Title.—This is the name given to the mode of acquisition of rights over real estate. Title may arise either by alienation vol untary or involuntary, or by succession (see PROPERTY, DEVOLU TION OF). Voluntary alienation is either inter vivos or by will (q.v.). The former branch is practically synonymous with con veyance, whether by way of sale, settlement, mortgage or other wise. As a general rule alienation of real estate inter vivos must should be noticed that an easement in gross cannot exist.

be by deed. Involuntary alienation is by bankruptcy (q.v.), and by other means of enforcing the rights of creditors over land, such as distress or execution. It may also arise by the exercise by the State of its rights of eminent domain for public purposes, as under the Lands Clauses and other Acts', or by a vesting order made by a court of competent jurisdiction under statutory author ity.

Conveyancing.

In the preparation of legal documents the practitioner is much assisted by the use of precedents. These are outlines or models of instruments, collections of which have been in use from early times, certainly since printing became common. The prolixity which formerly characterized most legal documents has largely disappeared, mainly through the operation of statutes which enable many clauses previously inserted at great length to be incorporated by the use of a few prescribed words or omitted altogether. The Solicitors' Remuneration Act 1881 has also assisted the process of curtailment, for there is now little or no connection between the length of a deed and the cost of its prep aration. So long as the draftsman adheres to recognized legal phraseology and methods, there is no reason why modern instru ments should not be concise.

It is not usual for land to be sold without a formal agreement in writing being entered into. This precaution is due, partly to the Statute of Frauds (see above), and partly to the fact that there are few titles which can with prudence be exposed to all the requisitions that a purchaser under an "open contract" is en titled by law to make. Under an open contract a vendor is pre sumed to be selling the fee simple, free from any incumbrance, liability or restriction as to user or otherwise; and if he cannot deduce a title of the statutory 3o years' length, or procure an in cumbrance or restriction to be removed, the purchaser may re pudiate the contract. The preparation of an agreement for sale

involves accordingly an examination of the vendor's title. Upon a sale by auction the agreement is made up of (I) the particu lars, which describe the property; (2) the conditions of sale, which state the terms upon which it is offered; and (3) the mem orandum or formal contract at the foot of the conditions, which incorporates by reference the particulars and conditions, identi fies the vendor, and is signed by the purchaser. The object of the agreement, whether the sale is by private contract or by auction, is to define accurately what is sold, to provide for the length of title and the evidence in support of or in connection with the title which is to be required, to fix the times at which the princi pal steps in the transaction are to be taken, and generally to regu late the rights of the parties except so far as it is intended that the general law shall operate. It is usual to require a deposit to be paid by way of security to the vendor against default on the part of the purchaser.

The signature of the agreement is followed by the delivery to the purchaser or his solicitor of the abstract of title, which is an epitome of the various instruments and events under and in consequence of which the vendor derives his title. A purchaser is entitled to an abstract at the vendor's expense unless otherwise stipulated. It begins with the instrument fixed by the contract for the commencement of the title, or, if there has been no agree ment upon the subject, with an instrument of such character and date as is prescribed by the law in the absence of stipulation be tween the parties. From its commencement as so determined the abstract, if properly prepared, shows the history of the property down to the sale; every instrument, marriage, birth, death, or other fact or event constituting a link in the chain of title, being set forth in its proper order. The next step is the verification of the abstract on the purchaser's behalf by a comparison of it with the originals of the deeds, the probates of the wills, and office copies of the instruments of record through which the title is traced. The vendor is bound to produce the original documents, except such as are of record or have been lost or destroyed, but, unless otherwise stipulated, the expense of producing those which 'The right of the State to contribution from land for revenue purposes and to stamp duties on deeds perhaps falls under this head. These imposts are really involuntary alienation of part of the profit of the land.