Requisitions.

Succession

duty.

Estate duty.

Surrendered lease.

Ground rent.

No. 31.-Receipts must be produced showing the payment of the succession duties which became payable on the deaths of [state the names of the deceased parties]. The receipts must be handed to the purchaser on completion of purchase.

[This only applies to persons becoming entitled on the death of any person dying since the 19th May, 1853. See also, as to the effect of the Customs and Inland Revenue Act, 1889, s. 12, the note at p. 252, ante.]

In ordinary cases, this requisition may be shortly stated thus: "Succession duty receipts under the intestacy of A and also under the will of B- must be produced, and handed to the purchaser on completion."

No. 32.-Estate duty under the Finance Act, 1894, became payable on the death of Proof of its payment must be given.

[By sect. 8, sub-sect. (2), of that Act, the provisions of the Customs and Inland Revenue Act, 1889, s. 12, relating to succession duty, as to which, see p. 252, ante, note, are made applicable to estate duty.]

No. 33. In the indenture of lease of 18, there is a recital of the surrender of a former lease. The surrendered lease must be produced, or the vendor must otherwise satisfy the purchaser that no beneficial interest existed in it which is outstanding, and which would attach to the renewed lease. See Coppin v. Fernyhough, 2 Bro. C. C. 291; Hodgkinson v. Cooper, 9 Beav. 304; Sugden, V. & P. 13th ed. 309, 633.

No. 34.-State the names and addresses of the persons to whom the ground rent is now

Requisitions. payable.

Breach of covenants.

Insurance.

Leases, &c.

to tenants.

Compensation for acts of husbandry.

Land tax; tithes.

Land tax.

The receipt for the last quarter's ground rent must be produced.

No. 35.-Is the vendor or his solicitor aware of any breach or breaches of any of the lessees' covenants contained in the lease which have not been waived? If so, state the particulars.

No. 36. To what amount and in whose names, and in what insurance offices has the property been insured, and when do the policies expire? The policy or policies of insurance, and the receipts for the premiums must be produced, the policies of insurance should be transferred to the purchaser, and notice given to the offices.

N.B.-As to the rights of parties when property (insured against fire) is destroyed or damaged by fire, and the contract of sale contains no reference to the insurance, see Rayner v. Preston, 18 Ch. Div. 1; Castellain v. Preston, 11 Q. B. D. 380 (C. A.).

No. 37. Are there any leases to, or agreements with, any of the tenants of any part of the estate? If so, they should be abstracted and produced and it should be ascertained that they (or the counterparts) are duly stamped. What notices will be requisite to determine the tenancies?

No. 38. Are there any, and what, claims for compensation to be paid to the tenants, or any of them, for acts of husbandry done by them?

No. 39. What land tax and tithe rent charge are payable in respect of the property? Will any apportionment be required?

No. 40. The redemption of the land tax

Requisitions. must be proved by the certificate of the commissioners, the receipt of the cashier of Bank of England, and memorandum of registration. See 42 Geo. 3, c. 116, s. 38; Buchanan v. Poppleton, 27 L. J. C. P. 210.]

Easements.

Undisclosed

No. 41. Are there any rights of way, or other easements over, or affecting any part of the property sold? If so, what are they? State the particulars.

No. 42. Is the vendor or his solicitor aware

incumbrances. of any judgment, Crown debt, annuity, lis pendens, lease, mortgage, writ of execution, bankruptcy or insolvency, or any charge or incumbrance, or deed or document, affecting the property or the vendor's title, not disclosed by the abstract? In ordinary cases the requisition may be shortly stated thus: "Has the vendor been bankrupt or insolvent, or executed any conveyance or assignment for the benefit of creditors? and is the vendor's solicitor aware of any incumbrance affecting the property sold?"

Title deeds.

Outgoings.

The vendor's solicitor is not bound to answer this requisition. Re Ford and Hill, 10 Ch. Div. 365; and see Smith v. Robinson, 13 Ch. Div. 148.]

No. 43. What deeds and documents of title will be handed to the purchaser on completion? As to deeds and documents of title which will not be handed over, the usual acknowledgment and undertaking must be given?

[See Conveyancing Act, 1881, s. 9.]

No. 44. Are there any outgoings payable out of the property sold? If so, state the particulars.

Rates, &c.

Requisitions. No. 45.-It must be shown that all the outgoings, rates, taxes, and assessments, payable out of or in respect of the property sold, have been duly discharged.

Further

equisitions.

No. 46. The purchaser reserves the right of making any further objections or requisitions which may arise from the above requisitions, or the vendor's answers thereto, or from an examination of the muniments of title which have yet to be produced.

U

C.

Part III.

CONDITIONS OF SALE.

BEFORE an opinion can be formed as to the sufficiency or completeness of any Abstract of Title, the conditions under which the sale was entered upon must be carefully considered. The same remark would of course apply also in the case of a mortgage; but it rarely happens that a mortgage is preceded by a contract. Under the usual practice, a vendor does not disclose his title until the terms of the proposed sale, including any stipulations relating to the deduction of the title, have been embodied in a written contract, sufficient to satisfy the requirements of s. 4 of the Statute of Frauds, 29 Car. 2, c. 3; but a mortgagor commonly produces his title, without attempting to bind the proposed mortgagee by any restrictions. These stipulations, when the sale is by private contract, are embodied in the contract; and when the sale is by public auction, they are embodied in the "conditions of sale," printed with the "particulars," and referred to in the contract signed upon the conclusion of the auction. The object of such stipulations, which are usually styled "special conditions," is to relieve the vendor from the performance of