3  Title to Sites

As a substantial interest in land is transferred as part of the Project the private sector partner should be responsible for satisfying itself as to the title to the Sites to be transferred on a "buyer beware" basis.  The party responsible for carrying out title due diligence may vary from project to project depending upon the party to whom the land interest is to be transferred.  The Authority should ensure that it deduces title to all the Sites forming the Project by the time the ISDS is issued to bidders.  This should include disclosing the title documents and completing all relevant searches and replies to enquiries for each Site to be included in the Project.  Once title is deduced by the Authority it should be a matter for the private sector to satisfy itself as to title.  The Authority should provide a warranty in relation to the information it provides in the replies to enquiries (being the only information which the private sector is not able to verify for itself).  Clause 8.10 at paragraph 26 of the Guidance sets out an appropriate warranty to be given by the Authority in relation to the information supplied by it in the replies to enquiries.