Requisitions on title
Requisitions on title are essentially questionnaires relating to the sale of property, drawn up by lawyers. When the solicitor for the purchaser of a particular property received the abstract of title from the solicitor for the seller, he looked through it carefully and drew up a list of queries relating to any questionable points of title. These were the 'requisitions', which were usually written on the left-hand side of a piece of a paper. The requisitions were sent to the vendor's solicitor, who added his 'replies' in the right-hand column. Further requisitions could be sent if the replies were still not satisfactory.
Requisitions on title first began to appear in the 1820s; before that, any queries were dealt with in general correspondence between the lawyers. Particularly difficult legal issues could be passed to barristers for their advice in a 'Case to Counsel'. The barrister would reply with an 'Opinion of Counsel'.
Purpose
Questions and answers to iron out any legal queries relating to a property sale.
Features of requisitions on title
- 19th century
- Written on paper, often on blue legal paper
- Two columns, each written in a different hand
Example
Ne 6 D/2/6/38 - List of requisitions on title relating to the conveyance from Joseph Poynton to Henry Pelham-Clinton, 5th Duke of Newcastle under Lyne of five houses at Basford, Nottinghamshire; 10 Sep. 1862
View this deed
Transcription:
|
Poynton to Duke of Newcastle |
|
Requisitions |
Replies |
| 1. The Vendor agrees to sell five dwelling houses, but according to the description in the Conveyance to Poynton of 30th Sept[embe]r 1861 there are only four. This should be explained |
Since the Vendor purchased he has converted some Out offices into a Dwellinghouse. |
| 2. An extract from the Will of Samuel Chapman and Certificates of the burial of Catherine Bailey and of the Marriage of Ann Morley should be furnished |
Yes at the Purchasers Expense. [added in another hand:] Messrs Campbell & Co. state that Mrs. Bailey was buried in the burial ground belonging to the Parish of Basford & Ann Morley was married at Basford Church |
| 3. It is assumed that all the deeds will be delivered to the purchaser except the Mortgage deed of 5th October 1861 |
Yes, all but the deed of 5th Oct. 1861 |
| 4. The interests of the several occupiers in the premises should be shewn. |
All the occupiers are weekly Tenants, beyond which thus have no Interest |
| 5.Are there are Judgments Crown debts, lis pendens or other incumbrances in any manner affecting the premises |
We have inquired of the Vendor who informs us there are no incumbrances affecting the premises (except Mr Cargill's mortgage) |
|
Farrer Curry & Farrer
66 Lincolns Inn Fields
11th August 1862 |
Campbell Burton & Browne
10th Sept[embe]r 1862 |
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