are not in his possession falls upon the purchaser. After being thus verified, the abstract is perused by the purchaser's advisers with the object of seeing whether a title to the property sold is deduced according to the contract, and what evidence, informa tion or objection in respect of matters appearing or arising upon the abstract ought to be called for or taken. For this purpose it is necessary to consider the legal effect of the abstracted instru ments, whether they have been properly executed and stamped, and whether incumbrances, adverse interests, defects, liabilities in respect of duties or any other burdens or restrictions disclosed by the abstract have been already got rid of or satisfied, or remain to be dealt with before the completion of the sale. The result of the consideration of these matters is embodied in "requisitions upon title" which are delivered to the vendor's solicitors within a time usually fixed for the purpose by the contract. In making or insisting upon requisitions regard is had, among other things, to any special conditions in the contract dealing with points as to which evidence or objection might otherwise have been required or taken, and to a variety of provisions contained in the Law of Property Act 1925. The possibility of the rescission clause now commonly found in contracts for the sale of real estate being exercised in order to avoid compliance with an onerous requisi tion, is also an important factor in the situation. The requisitions are in due course replied to, and further requisitions may arise out of the answers. A summary method of obtaining a judicial determination of questions connected with the contract, but not affecting its validity, is provided by the Law of Property Act 1925. Before completion it is usual for the purchaser to cause searches to be made in various official registers for matters re quired to be entered therein, such as judgments, land charges and pending actions, which may affect the vendor's title to sell, or amount to an incumbrance upon the property.
When the title has been approved, or so soon as it appears reasonably certain that it will be accepted, the draft conveyance is prepared and submitted to the vendor. This is commonly done by and at the expense of the purchaser, who is entitled to deter mine the form of the conveyance, provided that the vendor is not thereby prejudiced or put to additional expense. The corn mon mode of conveying a freehold is now, as already mentioned, by ordinary deed. A deed derives its efficacy from its being signed, sealed and delivered : it is not necessary that its execution should be attested except in special circumstances; but in practice conveyances are attested by one or two witnesses. The frame work of an ordinary purchase-deed consists of (I) the date and parties, (2) the recitals, (3) the testatum or witnessing part, containing the statement of the consideration for the sale, the words incorporating covenants for title and the operative words, (4) the parcels or description of the property, (5) the habendum, showing the estate or interest to be taken by the purchaser, and (6) any provisoes or covenants that may be required. A few words will illustrate the object and effect of these component parts.
(I) The parties are the persons from whom the property, or some estate or interest in or in relation to it, is to pass to the purchaser, or whose concurrence is rendered necessary by the state of the title in order to give the purchaser the full benefit of his contract and to complete it according to law. (2) The re
citals explain the circumstances of the title, the interests of the parties in relation to the property, and the agreement or object intended to be carried into effect by the conveyance. (3) It is usual to mention the consideration. Where it consists of money the statement of its payment is followed by an acknowledgment in a parenthesis of its receipt, which, in deeds executed since the Conveyancing Act 1881 dispenses with any endorsed or further receipt. A vendor, who is the absolute beneficial owner, now conveys expressly "as beneficial owner," which words imply cove nants by him with the purchaser that he has a right to convey, for quiet enjoyment, freedom from incumbrances and for further assurance, limited, however, to the acts and default of the cove nantor and those through whom he derives his title otherwise than by purchase for value. A trustee or an incumbrancer joining in the deed conveys "as trustee" or "as mortgagee," by which words covenants are implied that the covenantor individually has not done or suffered anything to incumber the property or to pre vent him from conveying as expressed. As to the operative words, any expression showing an intention to pass the estate is effectual. Since the Conveyancing Act 1881 "convey" has become as com mon as "grant" which was formerly used. (4) The property may be described either in the body of the deed or in a schedule, or compendiously in the one and in detail in the other. In any case it is usual to annex a plan. (5) The habendum begins with the words "to hold" and defines or "limits" the estate to be taken by the grantee. Until 1882 upon a sale of the fee simple the property was expressed to be held "unto and to the use of 'the grantee' and his heirs" or "heirs and assigns." By the Con veyancing Act 1881 it was made possible to substitute "in fee simple" for the words "and his heirs" or "his heirs and assigns." Unless the appropriate words of limitation were added the pur chaser got only an estate for his life. Now, however, the words "to the use of" and "and his heirs" are omitted, and the words "in fee simple" are no longer essential. If the property is to be held subject to a lease or incumbrance, or is released by the deed from an incumbrance previously existing, this is expressed after the words of limitation. (6) Where any special covenants or provisions have been stipulated for, or are required in the cir cumstances of the title, they are, as a rule, inserted at the end of the conveyance. In simple cases none are needed. Where however, a vendor retains documents of title, which he is entitled to do where he sells a part only of the estate to which they relate, it is the practice for him by the conveyance to acknowledge the right of the purchaser to production and delivery of copies of such of them as are not instruments of record, and (unless he is a trustee or mortgagee) to undertake for their safe custody. The foregoing outline of a conveyance will be illustrated by the fol lowing specimen of a simple purchase-deed of a house belonging to an absolute owner in fee :