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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Searches and Outline Applications

 
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY

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Official Searches and Outline Applications
 
Abbreviations and terms used:

'LRA 2002' means the Land Registration Act 2002;
'LRR 2003' means the Land Registration Rules 2003;
'FLA' means the Family Law Act 1996 as amended by the Civil Partnership Act 2004;
'Fee Order' means the current version of the Land Registration Fee Order;
'business day' means a day when the Land Registry is open to the public;
'credit account' means an account authorised by the Chief Land Registrar under the Fee Order;
'day list' means the record, kept under rule 12 LRR 2003, showing the date and time at which every pending application under the LRA 2002 or LRR 2003 was made and every application for an official search with priority under rule 148 LRR 2003;
'midnight' means the moment before the new day begins;
'paper search' means an official search delivered in documentary form which includes post, DX, fax or lodged personally at the Customer Information Centre of the proper office;
'proper office' means the office designated by an Order under section 100(3) LRA 2002;
'protectable disposition' means a registrable disposition (including one by virtue of rule 38 LRR 2003) of a registered estate or registered charge made for valuable consideration;
'priority period' means the period beginning at the time when the application for an official search is entered on the day list and ending at midnight on the 30th or 36th day thereafter, as appropriate;
'purchaser' means a person who has entered into or intends to enter into a protectable disposition as disponee. Most commonly, it is a transferee or chargee under a transfer for value or legal charge;
'search from date' means the date stated on an official copy of the individual register of the relevant registered title, as the date on which the entries shown on the official copy were subsisting or the date stated on which the entries shown on the official copy were subsisting or the date stated at the time of an access by remote terminal to the individual register of the relevant registered title as the date on which the entries accessed were subsisting;
'value' means a protectable disposition made for valuable consideration;
'valuable consideration' does not include marriage consideration or a nominal consideration in money (section 132(1) LRA 2002)

The purpose of this information is to explain:
- the purpose and effect of the different types of official search and of outline applications made by Conveyancing Solicitors and Property Lawyers;
- how Conveyancing Solicitors and Property Lawyers may lodge these applications;
- the information and, where appropriate, the documents Conveyancing Solicitors and Property Lawyers require to lodge an application.

The official search procedure provides Conveyancing Solicitors and Property Lawyers with a means by which:
- to update the details of a previously obtained official copy of the register of title by checking the up-to-date subsisting entries of the register of title, or
where the official search has been lodged against a pending first registration title, to confirm that such an application has been received, who lodged it and when it was lodged
- to obtain the details of any relevant pending application or priority official search entered on the day list since either the search from date or the date that the first registration application was received
- to ensure, where appropriate, that no adverse entries are made on the register before a protectable disposition is completed by registration. See section: Priority and priority periods.

The information will be contained in the official search certificate, which is issued to the Conveyancing Solicitors and Property Lawyers when the search has been completed, see section: Official Search Certificates.

Conveyancing Solicitors and Property Lawyers can use an outline application to obtain a reserved period of priority for interests that cannot be protected by an official search.  See section: Outline applications.



Types of Official Search:

Official Search with priority of whole or of part of the estate comprised within a registered title:

Conveyancing Solicitors and Property Lawyers can only apply for a priority search if the search is in respect of a protectable disposition, that is for valuable consideration.

Form OS1 is used to request an official search with priority of whole, or form OS2 to request an official search with priority of part of the Property Title Deeds.

Besides updating the details of a previously obtained official copy of the register (Property Title Deeds), a priority search has the effect of 'freezing' the register. This ensures that no adverse entries are made in the register (Property Title Deeds) during the priority period granted under the official search certificate.  

 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

Contact Us

Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB


Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

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Please telephone 0161 866 8999 for a free quote. 


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