Q&As

Can a Deed of Gift be a good root of title?

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Published by a LexisNexis Property expert
Published on: 18 December 2015
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The Requirements for a good root are:

  1. •

    is at least 15 years old

  2. •

    deals with or shows the Ownership of the whole legal and equitable Interest contracted to be sold

  3. •

    contains an adequate description of the property; and

  4. •

    contains nothing to cast any doubt on the title

The best good root of title is a conveyance on sale (or in the case of a long leasehold, a transfer or assignment of the lease) because, in theory, the

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Jurisdiction(s):
United Kingdom
Key definition:
Deed definition
What does Deed mean?

Deeds are written agreements but differ from contracts in that the limitation period is 12 years and consideration is not required. There are very few categories of transactions that require execution by deed but they are transfers of land, leases, mortgages and charges, sales by mortgagees, appointments of trustees, powers of attorney and gifts.

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