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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 8 . . .

Official Searches and Outline Applications
 
How to apply

Application forms:

Methods of lodgement:

Land Registry Direct: This service enables Conveyancing Solicitors and Property Lawyers to lodge the application from a remote terminal situated in the Solicitor's office direct to Land Registry's computer system.  

Conveyancing Solicitors and Property Lawyers must hold a credit account to be able to use this service.

An application lodged through Land Registry Direct can only be made during the currency of a notice given by the Chief Land Registrar under schedule 2, Land Registration Rules 2003 and in accordance with the limitations contained in the notice.

National Land Information Service:  This is an Internet based system by which Conveyancing Solicitors and Property Lawyers may lodge an application through a channel provider, who will pass it on to Land Registry.

An application lodged through the National Land Information Service can only be made during the currency of a notice by the Chief Land Registrar under schedule 2 Land Registry Rules 2003 and in accordance with the limitations contained in the notice.

Orally at a Land Registry customer information centre: An application lodged orally at a Land Registry customer information centre can only be made during the currency of a notice given by the Chief Land Registrar under schedule 2 Land Registry Rules 2003 and in accordance with the limitations contained in the notice.

Before attending the customer information centre,  Conveyancing Solicitors and Property Lawyers should ensure they have all the information and details required for the type of search they are lodging. They may at any one time, lodge as many applications as they need.

If the Conveyancing Solicitors and Property Lawyers are paying the fees by credit account they may ask either between applications or at the end to be given details of the services requested and the fees that have been incurred.


Sub-dispositions or Re-dispositions

The procedure Conveyancing Solicitors and Property Lawyers should adopt to prove title will depend on whether  the disposition is of whole or part and whether the Property is registered or the subject of a pending first registration application.  Section: Sub or re-dispositions of a pending first registration Property explains further what Conveyancing Solicitors and Property Lawyers need to do where the Property is the subject of a pending first registration application.


Sub or re-dispositions of whole:

Where A disposes of the whole of his Property to B who contracts to dispose of the Property to C before the registration of the disposition to B has been completed, B will not be able to prove his title to C by providing an official copy of the Property Register.

It is not usually necessary for B to ask Land Registry to complete the registration or to delay negotiations with C because Conveyancing Solicitors and Property Lawyers can verify B's title by:
- obtaining an official copy of A's registered Property title from B;
- applying for a form OS3 non-priority search of whole on receipt of the official copy. The official search certificate will contain the information details in section: official search certificates, including the basic details of the pending application to register the disposition to B
- obtaining a copy of the disposition to C, Conveyancing Solicitors and Property Lawyers should apply for an official search of whole with priority to secure the priority period for the registration of the disposition to C.


Sub or re-dispositions of part:

Where A disposes of part of his Property to B who contracts to dispose of that Property to C before the registration of the disposition to B has been completed, B will not be able to prove his title to C by providing an official copy of the Property register. It is not usually necessary for B to ask the Land Registry to complete the registration or to delay negotiations with C because you can verify B's title by:
- obtaining an official copy of A's registered Property title from B;
- applying for a form OS3 non-priority search of part of A's registered title on receipt of the official copy. The official search certificate will contain the information detailed in section: official search certificates including the basic details of the pending application to register the disposition to B
- obtaining a copy of the dispositionary document in B's favour from B

Just before completion of the disposition to C, Conveyancing Solicitors and Property Lawyers will usually, to secure the priority period for the registration of the disposition to C, apply for an official search with priority of whole (form OS1) of the title allotted to the disposition in favour of B.  Conveyancing Solicitors and Property Lawyers should base the search upon the official copy of A's registered title that they have already obtained.
N.B. If the application to register the disposition in favour of B fails, the official search will also fail and Conveyancing Solicitors and Property Lawyers will not have any protection for the registration of the disposition in favour of C. In these circumstances Conveyancing Solicitors and Property Lawyers should apply for an official search with priority of part (form OS2) of A's registered title based upon the official copy of A's registered title that they have already obtained from B. Conveyancing Solicitors and Property Lawyers may choose to carry out an OS2 from the outset. 
   
 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 10 (Manchester Conveyancing Solicitors Property Lawyers on Searches and Outline Applications 10)

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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