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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 6 . . .

Official Searches and Outline Applications
 
How to apply

Application forms:

Conveyancing Solicitors and Property Lawyers should apply for an official search either on or in the correct form. If they are lodging a paper search it must be on the correct form. If they are lodging the official search application by another method they must provide the same information as they would for a paper application. The forms are:

Form OS1 - official search with priority of whole of a registered Property or a pending first registration application.

Form OS2 - official search with priority of part of a registered Property or a pending first registration application.

form OS3 - official search without priority of whole or part of a registered Property.

Form HR3 - official search in respect of home rights.

Conveyancing Solicitors and Property Lawyers can purchase all the forms from Law Stationers or they can download them for free from the Land Registry website. In general, an official search application can only be in respect of one title number. The one exception to this is where, for example, a house plot is included in one title and the approach road is included in another and both titles are in the same registered ownership.  In these situations only Conveyancing Solicitors and Property Lawyers may quote the two title numbers on one application form.


Information and details Conveyancing Solicitors and Property Lawyers must provide:

Conveyancing Solicitors and Property Lawyers must provide the following information and details for each type of official search application as appropriate.

Form OS1 - official search with priority of whole:
- the administrative area and postcode (if known) in which the Property falls
- title number of the registered Property or that allocated to a pending first registration application
- the appropriate fee, if a credit account is not being used, or authorised for the stated credit account to be debited with the appropriate fee
- credit account key number, if appropriate
- name, address and reference of the person lodging the application
- if appropriate, alternative name, address and reference where the official search certificate is not to be returned to the person who originally lodged the application
- registered proprietor(s) or applicant(s) for first registration name(s)
- search from date
- applicant(s) name(s), ie. the names(s) of the person(s) or company for whose interest protection is being sought
- reason for application, ie the disposition that the search is intended to protect, namely, Purchase, Lease or Charge (the protectable disposition)
N.B. The disposition must be for value and affect the whole of the registered title or pending first registration application. For any disposition other than a Lease or Charge, the reason for application will be Purchase.
- the address or description of the property comprised within the registered title or the application for first registration
- type of search required, ie is it against a registered title or a pending application for first registration.


Form OS2 - official search with priority of part:

- the administrative area and postcode (if known) in which the Property falls
- title number of the registered Property or that allocated to a pending first registration application
- the appropriate fee, if a credit account is not being used, or authorised for the stated credit account to be debited with the appropriate fee
- credit account key number, if appropriate
- name, address and reference of the person lodging the application
- if appropriate, alternative name, address and reference where the official search certificate is not to be returned to the person who originally lodged the application
- registered proprietor(s) or applicant(s) for first registration name(s)
- search from date
- applicant(s) name(s), ie. the names(s) of the person(s) or company for whose interest protection is being sought
- reason for application, ie the disposition that the search is intended to protect, namely, Purchase, Lease or Charge (the protectable disposition)
N.B. The disposition must be for value and affect the whole of the registered title or pending first registration application. For any disposition other than a Lease or Charge, the reason for application will be Purchase.
- the address or description of the part of the property to be searched. How this information is to be supplied will depend upon the nature of the estate:

Approved estate plan:
If Land Registry has previously approved the estate plan, Conveyancing Solicitors and Property Lawyers only quote the plot number and the date of approval of the estate plan.  They need to ensure they quote the relevant plot number(s) where the Property comprises two or more separately numbered plots, eg a house in a block of dwellings with its garage in a separate block.


No approved estate plan:
If the Property does not form part of an estate or there is no approved estate plan, Conveyancing Solicitors and Property Lawyers must lodge a plan, in duplicate, of the part they want to search. The plan must:
* show clearly and precisely, by suitable colouring or colour edging, the precise extent to be searched;
* be drawn to a recognised scale and show the scale to which it is drawn
* ideally show a north point
* not be marked 'for identification purposes only'
* show sufficient detail of the surrounding road and other features to enable the position and extent to be searched to be identified on the Ordnance Survey map and or lessor's or vendor's title plan.

The application must make clear on which floor level(s), if any, the extent to be searched lies and the plan must show:
* by colouring the precise extent of each level to be searched
* the position of the extent to be searched in relation to existing detail on the title plan and external boundaries or outline of the building of which it forms a part
NB. If Conveyancing Solicitors and Property Lawyers use a plan that does not meet the above criteria the application may be returned.
 
   
 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 8 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 8)

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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Please telephone 0161 866 8999 for a free quote. 


 
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