Before exchange, which action helps resolve defects in title?

Before exchange, which action helps resolve defects in title?

• A. Prepare draft contract pack
• B. Waivers of breaches of covenants
• C. Obtain planning permission
• D. Arrange mortgage

Answer: (B)

Resolving defects in title before exchange often means removing any burdens or restrictions that could cloud marketability. A waiver of breaches of covenants does this directly by obtaining a formal agreement from the covenantee that they will not enforce a breach or will permit the continued use despite it. This releases the title from a potential obstacle, giving the buyer a clearer path to a clean transfer and a secured mortgage. Drafting a draft contract pack is part of the exchange preparation, but it doesn’t cure title defects. Planning permission deals with planning compliance and may remove planning-based restrictions, but it doesn’t address breaches of covenants that affect the title. Arranging a mortgage is about financing and, while lenders require a clear title, it doesn’t fix encumbrances or breaches attached to the property.

Resolving defects in title before exchange often means removing any burdens or restrictions that could cloud marketability. A waiver of breaches of covenants does this directly by obtaining a formal agreement from the covenantee that they will not enforce a breach or will permit the continued use despite it. This releases the title from a potential obstacle, giving the buyer a clearer path to a clean transfer and a secured mortgage.

Drafting a draft contract pack is part of the exchange preparation, but it doesn’t cure title defects. Planning permission deals with planning compliance and may remove planning-based restrictions, but it doesn’t address breaches of covenants that affect the title. Arranging a mortgage is about financing and, while lenders require a clear title, it doesn’t fix encumbrances or breaches attached to the property.