le. A purchaser is entitled to an abstract at
the vendor's expense unless otherwise stipulated. It begins with the
instrument fixed by the contract for the commencement of the title, or,
if there has been no agreement upon the subject, with an instrument of
such character and date as is prescribed by the law in the absence of
stipulation between the parties. From its commencement as so determined
the abstract, if properly prepared, shows the history of the title down
to the sale; every instrument, marriage, birth, death, or other fact or
event constituting a link in the chain of title, being sufficiently set
forth in its proper order. The next step is the verification of the
abstract on the purchaser's behalf by a comparison of it with the
originals of the deeds, the probates of the wills, and office copies of
the instruments of record through which the title is traced. The vendor
is bound to produce the original documents, except such as are of record
or have been lost or destroyed, but, unless otherwise stipulated, the
expense of producing those which are not in his possession falls upon
the purchaser (Conveyancing Act 1881). After being thus verified, the
abstract is perused by the purchaser's advisers with the object of
seeing whether a title to the property sold is deduced according to the
contract, and what evidence, information or objection, in respect of
matters appearing or arising upon the abstract, ought to be called for
or taken. For this purpose it is necessary to consider the legal effect
of the abstracted instruments, whether they have been properly
completed, whether incumbrances, adverse interests, defects, liabilities
in respect of duties, or any other burdens or restrictions disclosed by
the abstract, have been already got rid of or satisfied, or remain to be
dealt with before the completion of the sale. The result of the
consideration of these matters is embodied in "requisitions upon title,"
which are delivered to the vendor's solicitors within a time usually
fixed for the purpose by the contract. In making or insisting upon
requisitions regard is had, among other things, to any special
conditions in the contract dealing with points as to which evidence or
objection might otherwise have been required or taken, and to a variety
of provisions contained in the Vendor and Purchaser Act 1874, and the
Conveyancing Act 1881, which apply, except so far as otherwise agreed,
and of which the following are the m