KembaraXtra - Legal Terms - Root of Title

Root of title is the document from which an owner of unregistered land traces ownership. It provides the starting point for proving legal title. A good root of title must be at least fifteen years old. It must deal with the whole legal and beneficial ownership of the land. It must also describe the land clearly enough to identify it.

The document must not cast doubt on the owner’s title. If it contains uncertainty, defects, or unresolved qualifications, it may not be accepted as a good root. A conveyance, assent, or mortgage may sometimes serve as the root. The key requirement is that it demonstrates ownership clearly. The purchaser relies on it when investigating title.

In unregistered land, title is proved through documents rather than a central register. The seller must usually show a chain of ownership from the root to the present owner. Each transaction must connect properly with the next. This process allows the purchaser to verify ownership. It also reveals possible encumbrances affecting the land.

A vendor must supply a good root of title unless the contract provides otherwise. The purchaser must accept a root that satisfies the legal requirements. If the root is defective, the purchaser may raise requisitions. These questions seek clarification or further evidence. Conveyancing practice therefore depends heavily on proper title investigation.

Root of title remains important despite the growth of land registration. Many titles are now registered, but unregistered land still exists. When unregistered land is sold, a reliable root remains essential. It protects purchasers and lenders from hidden defects. The concept is central to traditional conveyancing law.