ABSTRACT OF TITLE. The Abstract of Title is not a part of the title, but is a document prepared by the vendor's solicitor to enable the purchaser to see how his title is derived. The purchaser of freehold pro perty has the right to require an abstract tracing the title for the last forty years, or longer if necessary, to obtain a satisfactory commencement. The commencing deed' is called the " root of title " (q.v.). It may, however, be agreed between the vendor and the purchaser to accept a shorter title than forty years, and twenty years are often taken as sufficient.
Commencing with the " root," the abstract should give in strict order of (late a brief summary of the material parts of all deeds and documents which are necessary to show how the purchaser's title is obtained. It should show by whom the deeds arc signed and witnessed, the amounts for which they are stamped, particulars of registration (if the property is situated in Yorkshire or Middlesex), and information regarding the probates of wills, etc.
An abstract of title usually accompanies most parcels of deeds. When a banker receives a bundle of deeds for security, he can look at the abstract, when there is a recent one, and see at once the various links in the chain of title. The deeds
which are noted in the abstract may all be held by the banker, but very often the abstract will be found to give particulars of many deeds and documents which are not in the banker's hands. In fact, the banker may, perhaps, hold only one deed, say the conveyance to his customer, John Brown, from John Jones. In that case there should be an acknowledgment of the right to the production of the deeds necessary to show the title of John Jones.
If the property is leasehold, the abstract should commence with the lease or under lease. (See LEASEHOLD.) In the case of copyhold land which has been converted into freehold by enfranchise ment, a purchaser " shall not have the right to call for the title to make the enfranchise ment " (Conveyancing Act, 1881, Section 3, s.s. 2.) But though the lord's title cannot be inquired into, the purchaser should still require the forty years' copyhold title. (See TITLE DEEDS.