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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 1 . . .

Official Searches and Outline Applications
 
Types of Official Search:

Official Search with priority of whole or of part of the estate comprised within a pending first registration application:

Conveyancing Solicitors and Property Lawyers can only apply for a priority search against a pending first registration title. The search must be in respect of a protectable disposition, that is for a valuable consideration.

Conveyancing Solicitors and Property Lawyers must use either form OS1 to request an official search with priority of whole, or form OS2 to request an official search with priority of part.

Besides providing the information detailed in the section on page 1, a priority search has the effect of 'freezing' the register (Property Title Deeds) to ensure that no adverse entries are made in the register during the priority period granted under the official search certificate.

The section: Official search certificates, explains what information the official search will contain.  The section: Priority and priority periods, explains the principles and effect of priority.  The section: How to apply, explains how you may lodge an application and what information Conveyancing Solicitors and Property Lawyers need to provide.

NB: Until a first registration application has actually been completed no guarantee can be given that any registered title will be granted or, if granted, that it will be of the class applied for.

As explained in the section: Official search certificates, the official search certificate, against a pending first registration application, will not contain details of the entries that may be made or of any other application(s) contained within the first registration application. It is for the Conveyancing Solicitors and Property Lawyers to confirm with the applicant for first registration that the title lodged is in order. The Conveyancing Solicitors and Property Lawyers will tend to retain examined copies of the documents lodged if there is any likelihood that there will be a dealing with the estate before registration would normally be completed. There should, therefore, be no requirement to inspect the documents lodged with Land Registry.  However, if such a requirement arises, Land Registry will usually be prepared to return the documents temporarily to the Conveyancing Solicitors and Property Lawyers who lodged the application for first registration. The first registration cannot proceed until the documents are re-lodged.


Official search without priority of the whole or of part of the estate comprised within registered title:

Anyone may instruct Conveyancing Solicitor and Property Lawyers to lodge an application for an official search without priority.

The Conveyancing Solicitors and Property Lawyers should use form OS3 to request an official search without priority of either the whole of part of the Property comprised within a registered title (Property Title Deeds).  They must complete the relevant parts of panel 6 of the form to confirm whether the search is to be of whole or part.

The section: Official search certificates, explains what information the official search certificate will contain. The section: How to apply, explains how the Conveyancing Solicitors and Property Lawyers may lodge an application and what information should be provided.

The official search certificate does not confer a priority period for the registration of any dealing.


Official search by an existing mortgagee of the whole of the estate comprised without a registered title:

These official searches are commonly referred to as 'home rights' searches.

Under section 55(1) Family Law Act 1996, where a mortgage of a registered estate consists of, or includes a dwellinghouse, a mortgagee who instructs Conveyancing Solicitors and Property Lawyers to bring an action for the enforcement of their security must serve notice of the action on a connected person who is not a party to the action and whose home rights are protected at the relevant time by an entry in the register (Property Title Deeds) of the registered title. A 'connected person' is defined in section 54 Family Law Act 1996 as a spouse, former spouse, cohabitant or former cohabitant, civil partner or former civil partner. To meet this requirement the Land Registration Rules 2003 provide that the Conveyancing Solicitors and Property Lawyers for the mortgagee may apply for an official search certificate.

Any mortgagee who has a charge (mortgage) on the registered estate (Property Title Deeds), whether or not the mortgage or charge has been registered or noted in the Property register, may instruct Conveyancing Solicitors and Property Lawyers to lodge a form HR3 search.
   
 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 3 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 3)

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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Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors 
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Manchester
M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 


 
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