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Requisitions and Undertakings
Case law suggests that answers to Requisitions on Title can turn into professional undertakings. The old standard form of requisition requested confirmation that a mortgage was to be discharged on completion. If answered too simply, this created a professional undertaking on behalf of the vendor's solicitors to discharge all and any charges on the property. This was often at a stage when the number and extent of such charges was quite unknown.
The 'approved' reaction to this, is to clarify on the form that the answer is, in fact, an undertaking. This response merely asks for trouble. It neither respects good conveyancing practice, nor reflects the reality that such replies must often be given anticipating an exchange. At any time, a charge may be registered without warning to the conveyancer, and this answer invites trouble..
The following seems to be a sensible solution, and it is one we will adopt unless you tell us otherwise.
If you foresee any particular problem with this practice in this matter please notify us immediately
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