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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 2 . . .

Official Searches and Outline Applications
 
Official Search Certificates:

On completion of the official search, an official search certificate will be issued to the Conveyancing Solicitors and Property Lawyers.  Because more than one version of a register can be prepared during the same day, the result of search will be given from one second past midnight on either the search from date or the date that the first registration application was received by Land Registry.

The following does not apply to an official search by the Conveyancing Solicitor and Property Lawyers for an existing mortgagee of the whole of the estate comprised within a registered title.  See section: Home Rights Searches.

The official certificate will contain:
- a statement, where applicable, that there have been no adverse entries since the search from date. This means that no adverse entries have been made on the register (Property Title Deeds) and that there are no pending applications or unexpired priority searches noted on the day list; or
- details of any relevant adverse entries made on the Property title deeds on or after the search from date. This will usually be by reference to an official copy of the Property title deeds issued with the certificate.  Conveyancing Solicitors and Property Lawyers will be able to identify any changes by comparing this official copy with the one they already hold.  
N.B. Details of any entries made in the Property title deeds and subsequently cancelled during the period searched may not be given.
- notice of the entry of any relevant pending application or proposal by the Registrar to alter the Property title deeds affecting the title entered on the day list
- notice of the entry on the day list of any relevant official search with priority, the priority period of which has not expired, entered on the day list
- the date and time at which the priority period commences and expires if the official search is with priority.

Sometimes an adverse entry made on the Property title deeds since the search from date will refer to a colour or other reference on the Property title plan, which is not already shown. If Conveyancing Solicitors and Property Lawyers require further information about this, they will have to either obtain an up-to-date official copy of the Property title plan or request further information from the registered proprietor(s) of the Property.

If the extent Conveyancing Solicitors and Property Lawyers are searching is not wholly comprised within the registered Property title deeds quoted, or part of the estate has been removed from the title, the official search certificate will be limited to the extent that falls within the title. The details of and reason for the limitation will be included with the official search certificate.
N.B. If the search is in respect of a title allocated to a pending first registration application, the official certificate will not contain details of any entries that may be made on the Property title deeds resulting from the documents, or other evidence of title produced in connection with the application. This includes charges (Mortgages) or any other application(s) contained within the first registration application. The issue of an official search certificate does not affect the position and a warning notice to this effect is issued with the certificate.


Home Rights Searches:

The official search certificate in respect of these searches will contain the following information as at the certificate date and time.
- whether any notice or caution is registered to protect a spouse's or civil partner's rights of occupation under the Family Law Act 1996 or the Matrimonial Homes Acts 1967 and 1983 or the Civil Partnership Act 2004;
- whether there is a pending application for the entry of a home rights notice entered on the day list.


Issue of Official Search Certificate:
Whichever method of lodgment used by Conveyancing Solicitors and Property Lawyers, see section: Methods of Lodgment, the official search certificate is available in paper form.  Land Registry Direct and National Land Information Service customers may, in certain circumstances, apply for some official search certificates to be issued in electronic form.

An electronic official search certificate will be issued by Land Registry as a pdf file. When an official search certificate is issued as a pdf file a certificate will not be issued in paper form.  If Land Registry is unable to issue an official certificate as a pdf file, then the certificate will be issued in paper form.

Official search certificates will not be faxed to Conveyancing Solicitors and Property Lawyers even where the application has been lodged by fax.

An official search certificate may also be given or issued in other ways, depending upon the type of search and which service Conveyancing Solicitors and Property Lawyers use to lodge the application.   
   
 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 4 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 4)

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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M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 


 
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