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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

continued from page 9 . . .

Official Searches and Outline Applications
 
Sub or re-dispositions of a pending first registration title

In the situations described in the sections: Sub or re-dispositions of whole and sub or re-dispositions of part, if A is the applicant for first registrations, a registered Property will not exist and therefore, Conveyancing Solicitors and Property Lawyers will not be able to obtain an official copy of the registered Property title.  In these circumstances Conveyancing Solicitors and Property Lawyers should:
- obtain and examine copies of A's documents of title.  B should have been able to inspect these in connection with the disposition to him
- obtain a copy of the dispositionary document in B's favour.

If just before completion of the disposition to C, the first registration application has not been completed, Conveyancing Solicitors and Property Lawyers should apply for an official search with priority of whole or part, as appropriate, of the pending first registration title. Conveyancing Solicitors and Property Lawyers will then secure the priority period for the registration of the disposition to C.  If the first registration has been completed by registration,  Conveyancing Solicitors and Property Lawyers should follow the procedure described in sections sub or re-dispositions of whole and section: sub or re-dispositions of part, as appropriate.


Discontinous Leases (time share)

The type of official search Conveyancing Solicitors and Property Lawyers should apply for will depend on whether the discontinous (time share) Lease is in respect of the whole or part of the Property.

If, for example, the Lease is in respect of the whole extent of a Country cottage, Conveyancing Solicitors and Property Lawyers should apply for an official search of whole.  However, if the Lease is in respect of, for example, a flat within a block of flats, Conveyancing Solicitors and Property Lawyers should apply for an official search of part.  The usual information must be provided in the searches.

Conveyancing Solicitors and Property Lawyers should, as part of the address or description of the Property to be searched, quote the time period concerned.  This should be done by using the same term that will be used in the Lease and based upon any calender that the development has agreed to use.  For example, 'Flat 8, Manchester Court, Altrincham Road, Lymm, Cheshire - week 32 commencing on Saturday'

The official search certificate will only grant priority for the application to register the disposition in respect of the specified time period.


Outline Applications

Under rule 54 Land Registration Rules 2003 Conveyancing Solicitors and Property Lawyers may lodge an outline application to obtain a reserved period within which to lodge an application for the registration of a registrable disposition not for value or a right, interest or matter that cannot be protected by an official search.  The section: Official search or outline applications contains examples of rights, interests or matters for which an outline application would be appropriate.


Conditions for outline application:

Conveyancing Solicitors and Property Lawyers must comply with the following conditions when lodging an outline application.  

The right, interest or matter for which a reserved period is sought:
- must not be protectable by an official search;
- must exist at the time Conveyancing Solicitors and Property Lawyers lodge the outline application
- must be with the whole of the registered Property, or pending first registration, and not with part only of that title or pending first registration
- must not be for a first registration application
- must be in respect of one right, interest or matter only
N.B. If Conveyancing Solicitors and Property Lawyers wish to obtain a reserved period for more than one right, interest or matter they must lodge a separate outline application for each, even if they are contained within one application for registration.


Reserved period:

The reserved period granted by a valid outline application commences at the date and time it is entered on the day list and expires at 12:00 noon on the fourth business day, following the day that the outline application was taken to be made (rule 54(9) Land Registration Rules 2003).

When Conveyancing Solicitors and Property Lawyers lodge the application, they will be given the date and time when the reserved period commences and expires and a reference number.

For the outline applications to be effective Conveyancing Solicitor and Property Lawyers must within the reserved period lodge the supporting papers, using the correct application form, at the proper office or at the office specified for delivery of applications of the nature specified in the outline application in a written arrangement made between the Registrar and the applicant or between the Registrar and the applicant's Conveyancing Solicitors and Property Lawyers. The application will then be registered with effect from the date and time of the outline application.

The outline application will naturally be subject to any official searches, other outline applications or any pending applications already entered on the day list at the time Conveyancing Solicitors and Property Lawyers lodge the application.

If the application for registration of the right, interest or matter is not lodged  by the expiry date and time, it will be treated by Land Registry as a fresh application and will receive priority from the date and time it is entered on the day list.
   
 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 11 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 11)

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

                       
    

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


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