The seller has a duty to supply documentary evidence to the buyer proving that he is either the outright owner of the land1 or that he is in a position to compel someone else to transfer the land to the buyer2 or is a lender whose power of sale has become exercisable3.
The seller will normally send evidence of his title to the buyer with the draft contract and other pre-contract documentation. The Standard Contractual Conditions4 require evidence of title to be supplied 'immediately after making the contract', and reflect the historic practice of supplying the evidence of title after
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