DOI link for Common Problems
Common Problems book
If there are defects in title and the buyer nonetheless wishes to continue, such defects must be reported to the proposed mortgagee and its consent to proceeding must be obtained. Most common defects can be solved by obtaining a statutory declaration from those with knowledge of the property supported by a defective title indemnity policy. Such a measure would be regarded as one of last resort and, prior to that time, efforts may be made to rectify the title by contacting earlier owners. Such matters are carried out at the expense of the seller. Such problems generally do not apply to registered land.