RunSensible’s Legal Dictionary

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Requisition Going to the Root of Title

The phrase requisition going to the root of title typically refers to a legal concept in property law, particularly during the process of conveyancing. When a party makes a requisition “going to the root of title,” it means they are raising a concern or objection that directly affects the validity of the title to the property. Such a requisition is fundamental, as it challenges the core of the seller’s ability to transfer good title to the buyer.

If the issue raised by the requisition cannot be satisfactorily resolved, it may give the buyer the right to rescind the contract, meaning they can withdraw from the purchase without penalty. This is because the defect goes to the very essence of the seller’s ownership and their ability to convey the property.

 

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