This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
When the contract of sale has been signed in one of the ways mentioned above, the seller sends to the buyer (or his lawyers) an abstract of his title, containing the history of the land.
ABSTRACT OF THE TITLE of B. Burt Esquire to hereditaments known as Parklands situate at X in the County of Surrey.
Indenture of Conveyance made between Roger Toyne and Winifred Green, the wife of John Green, of the one part, and Mary Thompson of the other part.
Reciting that said E. Toyne and W. Green were seised of the hereditaments thereinafter described as joint tenants for an estate of inheritance in fee simple free from incumbrances and reciting agreement for sale
It is witnessed that in consideration of the sum of £8000 paid by the said M. Thompson to the said E. Toyne and W. Green (the receipt,
24th Sep tember, 1885 (s). Stamp, £40.
(s) Note that this is the indenture which was agreed by the conditions of sale (clause 4) as the commencement of the title.
etc.), the said R. Toyne and W. Green as beneficial owners thereby granted unto the said M. Thompson
ALL THAT messuage and hereditament known as Parklands, situate in the parish of X in the county of Surrey, and containing by admeasurement 97 a. 3 r. 29 p. or thereabouts, all which hereditaments were delineated and shown on the plan annexed thereto and thereon coloured red.
To hold the said premises unto and to the use of the said M. Thompson in fee simple.
Executed by all parties and attested.
Will of the said Mary Thompson -
Whereby she devised and bequeathed all her' real and personal estate to George Brown and James White upon trust to sell the same and to hold the proceeds of such sale upon the trusts therein mentioned.
And the said testatrix appointed the said G. Brown and J. White executors and trustees of that her will
Duly executed by the said testatrix in the presence of two witnesses.
5th June, '9.
The said M. Thompson died.
Will proved by said G. Brown and J. White in the principal Registry of the Probate Division.
The said G. Brown died.
Indenture of conveyance made between said J. White of the one part, and Berkeley Bart of the other part.
Reciting abstracted indenture of 24th September, 1885.
And reciting abstracted will of M. Thomson and her death and probate of her will.
And reciting death of said G. Brown.
It is witnessed that in consideration of £7750 paid by the said B. Burt to said J. White (the receipt, etc.) the said J. White as trustee thereby granted unto the said B. Burt
All that messuage and hereditament described in and conveyed by the before abstracted indenture of the 24th September, 1885.
TO HOLD the same unto and to the use of the said B. Burt in fee simple,
Executed by both parties and duly attested.
Thus it will be seen that the land has become vested in B. Burt the seller.
The buyer's solicitor then takes the abstract to the office of the seller's solicitors and there compares the abstract with the original deeds, and carefully notes whether all the material parts have been correctly abstracted, and makes a note of the value of the stamps on all the documents.
The buyer's solicitor or his counsel then peruses the abstract and considers carefully whether the history of the estate shows that the seller can convey the fee simple free from all incumbrances.