Miscellaneous and general funds
Land Registration Bill [Lords]
3:15 pm
Mr Michael Wills (Parliamentary Secretary, Lord Chancellor's Department; North Swindon, Labour)
As always, I am delighted to respond to the hon. Gentleman's probing. Paragraph 3 of schedule 10 fulfils an important function in the conveyancing process. As the hon. Gentleman said, it relates to implied covenants. An obligation to deduce title to land in accordance with a contract of sale comes to an end on completion of the sale. The establishment that there has been a breach of implied covenants for title is the only way in which a transferee can attempt to remedy defects in title that emerge after completion.
Rule 77A(2) of the Land Registration Rules 1925 currently provides that a person will not be liable for a breach of most implied covenants in respect of matters set out on the register of title. I hope that the hon. Gentleman is paying attention to this important point.