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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 5 . . .

Official Searches and Outline Applications
 
Priority and priority periods

Priority period under an official search:

Priority under an official search ends at midnight marking the end of the 30th business day after the day on which the official search application was received (rule 13 Land Registration Rules 2003). However, if the official search application is lodged subsequent to Land Registry being declared open to the public on Saturdays (rule 216(3) Land Registration Rules 2003), priority will end at midnight marking the end of the 36th business day after the day on which the application was received.

To obtain the priority conferred by the official search certificate, the application to register the protected disposition (and any other dealing upon which that disposition is dependent) must be entered on, or deemed to have been entered on, the day list before midnight on the 30th business day. To ensure that this is the case, Conveyancing Solicitors and Property Lawyers should deliver the application, to the proper office, by noon on the date when the priority expires and it must, in due course, be completed by registration.


Home Rights Searches:

The official search certificate for a matrimonial home rights search will provide a period of priority for the purposes of section 56(5) Family Law Act 1996. This priority period is not the usual priority period that applies to official searches. It is the period that applies under sections 11(5) and 11(6) Land Charges Act 1972. This means that if the official search certificate obtained by the Conveyancing Solicitors and Property Lawyers does not reveal any notice or caution and the action is commenced before the expiration of 15 days, excluding any days that Land Registry is not open to the public, after the date of the certificate, notice of the action does not have to be served. This is because at the 'relevant time', i.e. in this situation, the date of the certificate, there was no notice or caution disclosed in the certificate.


Effect of Priority:

An official search certificate with priority grants priority to the protected registrable disposition over other registrable dispositions, rights, interests or matters that have not been entered on the day list before the official search with priority and are not themselves protected by an earlier official search with priority (if capable of being protected by an official search).  If the protected application is dependent upon an earlier registrable disposition, that earlier disposition will also benefit from the protection afforded by the official search certificate if it is also lodged within the priority period, and is, in due course, completed by registration. This also applies where the official search certificate was issued in respect of a first registration of title application that is subsequently completed by registration as to the whole or part of the estate comprised within the application.

An application by Conveyancing Solicitors and Property Lawyers protected by an official search with priority will have priority over an application protected by another official search with priority, in respect of the same registered title or charge, where the first search is deemed to have been delivered before the second cone.

Where the disposition is on sale and the purchase money is raised with the help of a charge (Mortgage), Conveyancing Solicitors and Property Lawyers may not need to lodge two searches.  An official search certificate obtained on behalf of the chargee will provide protection, not only for them but also for the disponee, as the registration of the charge is dependent on the registration of the disposition.

If the completion of the disposition is delayed to an extent likely to preclude the delivery of the application for registration within the priority period, a second search application may be made, whether the priority period under the first official search certificate is still subsisting or has expired. The issue of the second official search certificate will not operate to extend the priority afforded by the first.  It will provide a second priority period. The second official search certificate will not provide priority over any application lodged before its priority period commences.
   
 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 7 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 7)

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


Tel: 0161 866 8999
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