This article discusses the relevance of priority periods granted by the official copies of the search certificates.
Registered land
The search certificate provided by the Land Registry is subject to a priority period of 30 days during which buyers are usually advised to complete the transaction and apply for registration of the transaction. During the priority period, the buyer’s query takes priority over an entry made in the Registry. Such a priority can be taken advantage if the search is conducted by the lender. It is the duty of the conveyancing solicitor to ensure completion and make application for the registration of transaction at the Land Registry Office by 12 noon of the day when the priority period comes to an end.
Unregistered land
A search certificate in the case of unregistered land is provided by the Department of Land Charges and is valid for a period of 15 days from the date of issue. The searcher will take free of any entries made in the register between the date of search and the date of completion, provided completion of contract takes place within the priority period.
Date of expiry of priority period
The priority period of a search certificate expires on the date mentioned in the certificate. The conveyancing solicitor should make a note of this date so that all procedures are completed and the transaction is completed within the stipulated period. The priority period provided by the search certificate cannot be extended if the completion date goes beyond this period. A fresh search will have to be conducted in this case. The new search certificate shall be liable only for the period after making the application. Thus, all entries made during this intervening period shall be binding.
Photo courtesy: Karen Roe
