In the case of registered land, pre-completion searches are made at the Land Registry Office. This is done to check if further enquiries have been made on the register of title after the date of submission of official copies prior to exchange of contract. This enquiry is subject to a fee that can be paid by cheque, or a credit account that is obtained by quoting the solicitor’s key number. A search can also be requested by telex or fax, provided they are worded carefully. The Land Registry Direct Service and NLIS allow solicitors to make search enquiries through internet, besides post and telephone.
Search of whole title
When the whole of a registered title is purchased, leased, or mortgaged, the search application should be made through the OS1 Form. This form contains details of title number (of the property to be searched), a small description of the property including postal address, country and district, and the name of the registered proprietor. The name of the applicant along with reason for the search must also be provided.
A solicitor conveyancing for buyer as well as lender should make search application in the name of the lender. The buyer can enjoy the benefit of this enquiry thereby negating the need for making a separate search. But the opposite of this (i.e. the lender taking advantage of a search conducted by the buyer) does not protect the lender.
Through the application, the buyer and the lender ascertain if a fresh entry has been made on the register after a certain date. This date is usually when the official copy entries were given to the buyer. The official copies should be a date not earlier than 12 months before the date of search application. The official certificate of search made on this form gives the searcher a priority period of 30 days from the date of certificate. Thus, the buyer is protected against all entries that may be placed on the register after the date on which the search was conducted. The buyer takes the property free from any entries provided the contract is completed within the priority period.
Photo courtesy: Elliott Brown
