67. Defective title and restrictive covenant insurance.

The seller's solicitor should make a full investigation of the seller's title prior to drafting the contract for sale1. Any potential defects in that title must be disclosed to the buyer in the contract and accepted by him, otherwise the seller may be called upon to remove the incumbrance2. Where it appears that the title contains an irremediable defect, the seller's solicitor may consider obtaining defective title insurance to cover potential liability arising out of the defect. Many, but not all, defects can be insured against in this way3. The defect in title is the seller's responsibility because he