Which of the following is not an appropriate amendment to the draft Transfer for Bramble Cottage?

• A. Panel 1: amend the title number to match the property; Panel 5: insert the middle names; Panel 9: tick full title guarantee; Panel 10: tick the second box (tenants in common in equal shares).
• B. Panel 1: amend the title number to match the property; Panel 5: insert middle names; Panel 9: tick full title guarantee; Panel 10: tick the third box (and refer to the declaration of trust or unequal shares).
• C. Panel 1: amend the title number to PB125897; Panel 5: insert the middle names of both clients; Panel 9: tick the full title guarantee; Panel 10: tick the third box (and refer to the declaration of trust or unequal shares).
• D. Panel 1: amend the title number to PB125897; Panel 5: insert the middle names of both clients; Panel 9: tick the limited title guarantee; Panel 10: tick the second box.

Answer: (D)

The key idea is that a draft Transfer must reflect two things accurately: the guarantee given on the title and the actual ownership arrangement between the purchasers. In a standard transfer from a registered proprietor, you normally use full title guarantee, and you must record the correct form of ownership if there’s a declaration of trust or unequal shares.

In this scenario, using limited title guarantee is not appropriate because it provides less assurance about the seller’s title than is typically required for a straightforward transfer of Bramble Cottage. More importantly, ticking the second box implies the purchasers hold the property as tenants in common in equal shares. If there is a declaration of trust or an arrangement for unequal shares, you must use the third box and refer to that declaration or the unequal-sharing arrangement. Therefore, the combination of limited title guarantee with equal shares does not match the intended ownership structure described, making it an inappropriate amendment. The other choices align the title guarantee and the ownership box with the actual situation (full title guarantee and the appropriate box reflecting any trust or unequal shares).