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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 4 . . .

Official Searches and Outline Applications
 
Official Search Certificates:

Orally at a Land Registry Customer Information Centre:
If Conveyancing Solicitors and Property Lawyers lodge a search of whole against a registered Property orally at a Land Registry Customer Information Centre, they will be given an oral official search result if, since the search from date, there have been no changes to the Property title deeds and there are no pending applications or unexpired priority searches entered on the day list. Land Registry guarantees this oral official search result.

A paper official search certificate will be issued either on the same day or the next business day, depending upon the time of the day the application was lodged.  Where the official search cannot be given as explained on page 3 the Conveyancing Solicitors and Property Lawyers may request:
- in the case of a registered Property, to be given the details of any adverse entry made in the Property title deeds since the search from date and basic information about any pending applications or unexpired priority official searches entered on the day list, or
- in the case of a pending first registration, to be given basic information about any pending applications or unexpired priority official searches entered on the day list.


Priority and priority periods

Priority Applications:
An application by Conveyancing Solicitors and Property Lawyers received by the Land Registry on a business day is taken, under rule 15 Land Registration Rules 2003, as made at the earlier of:
- the time of day notice of it is entered in the day list, or
- (i) midnight marking the end of the day it was received if the application was received before 12 noon, or
- (ii) midnight marking the end of the next business day after the day it was received if the application was received at or after 12 noon.

Where two or more applications relating to the same registered Property are taken as having been made at the same time, the order in which, as between each other, their priority shall be determined in the manner prescribed by rule 55 Land Registration Rules 2003:
- where the applications are made by the same Conveyancing Solicitors and Property Lawyers, they rank in such order as they may specify;
- where the applications are not made by the same applicant they rank in such order as the Conveyancing Solicitors and Property Lawyers for the applicants may specify that they have agreed
- where the applications are not made by the same applicant, and the applicants have not specified the agreed order of priority, the Registrar will notify the applicants that their applications are regarded as having been delivered at the same time and request them to agree, within a specified time (being not less than 15 business days), their order of priority
- where the parties fail within the time specified by the Registrar to indicate the order of priority of their applications the Registrar must propose the order of priority and serve notice on the Conveyancing Solicitors and Property Lawyers for the applicants of the Registrar's proposal
- any  notice served must draw attention to the right of any applicant who does not agree with the Registrar's proposal to object to another applicant's applicant
- where one transaction is dependent upon another the Registrar must assume (unless the contrary appears) that the applicants have specified that the applications will have priority so as to give effect to the sequence of the documents effecting the transactions.

This order will be affected where an application is protected by an official search with priority.  


Priority period under an official search:

Priority under an official search commences when notice of it is entered on the day list. However see section: Home Rights Searches.

Where a paper search is lodged during a business day, notice of it will be entered on the day list on the same day if Land Registry receive it before 12 noon or on the same day or the next business day if Land Registry receive it after 12 noon.

Where an application for an official search is lodged by Conveyancing Solicitors and Property Lawyers during a business day through Land Registry Telephone Services, Land Registry Direct or the National Land Information Service, notice of it will normally be entered on the day list immediately following its lodgment. If an application is lodged though Land Registry Direct of the National Land Information Service on a day that is not a business day, notice of it will be entered on the day list on the next business day.
   
 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 6 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 6)

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 City Centre Serviced Office - Conference rooms are also available by prior appointment at:
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Manchester
M2 4PD

Tel: 0161 866 8574

 

Please telephone 0161 866 8999 for a free quote. 


 
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