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Full title guarantee or Limited title guarantee – what is the difference?

Posted on Friday, 13th February 2015 by

Photo Credit: Mihnea M. via Compfight cc

When selling your property with Full title guarantee the following covenants are implied:-

  1. Has the right to sell the property
  2. That he will at his own cost do all that he reasonably can to ensure that the buyer has good title
  3. He is selling the property is free from all charges and encumbrances and all other rights exercisable by third parties other than those which the seller does not and could not reasonably be expected to know about.

When selling with Limited title guarantee, covenant C does not apply.

In replacement of covenant C, the seller covenants that he has not since the last sale:-

  1. Created any encumbrances (adverse rights) over the property himself but cannot speak for the former owners.

Limited title guarantee means that the seller of the property has no personal knowledge of the property for example Attorney, personal representative, trustee, repossession.  Therefore they cannot give full title guarantee that the property is not subject to any financial charges and that no others have any rights over the property.  They are not aware.

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Rebecca Gunn - Residential Conveyancing
Rebecca Gunn - Residential Conveyancing
Rebecca.Gunn@ehlsolicitors.co.uk 0116 402 6688
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