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Statutory Instruments

1988 No. 629

LAND REGISTRATION, ENGLAND AND WALES

The Land Registration (Official Searches) Rules 1988

Made

23rd March 1988

Laid before Parliament

12th April 1988

Coming into force

16th May 1988

The Lord Chancellor, with the advice and assistance of the Rule Committee appointed in pursuance of section 144 of the Land Registration Act 1925(1), in exercise of the powers conferred on him by that section, hereby makes the following rules:

Citation and commencement

1.  These rules may be cited as the Land Registration (Official Searches) Rules 1988 and shall come into force on 16th May 1988.

Interpretation

2.—(1) In these rules, unless the context otherwise requires:

the Act” means the Land Registration Act 1925;

“the principal rules” means the Land Registration Rules 1925(2);

“day list” means the record kept pursuant to rule 7A of the principal rules;

“purchaser” means any person (including a lessee or chargee) who in good faith and for valuable consideration acquires or intends to acquire a legal estate in land and “purchase” has a corresponding meaning;

“pending first registration application” means an application made under Section 4 or 8 of the Act and entered on the day list but where the registration has not yet been completed;

“delivered”, except in relation to an application made on form 94A, 94A(FR), 94B, 94B(FR), 94C or 101 includes received otherwise than in documentary form by such means as the registrar may from time to time authorise;

“issued”, except in relation to an official certificate of search in form 94D, 94E or 102, includes sent otherwise than in documentary form;

“official search” means any search of the register or any search in relation to a pending first registration application made by or under the control of officers of the Land Registry pursuant to an application made in accordance with rule 3 of these rules;

“official certificate of search” means a result of search issued in accordance with rule 3 of these rules;

“priority period” means the period beginning at the time when an application for an official search is deemed by virtue of paragraph (3) below to have been delivered and ending immediately after 9.30 hours on the thirtieth day thereafter;

“proper office” means the district land registry designated as the proper office by Article 2(2) of the Land Registration (District Registries) (No. 2) Order 1987(3);

“day” means a day when the Land Registry is open to the public;

“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985(4) and includes a recognised body within the meaning of section 32(2) of that Act.

(2) A form referred to by number means the form so numbered in Schedule 1 to these rules.

(3) An application for an official search made by a purchaser in accordance with rule 3 of these rules which is delivered after 9.30 hours on one day and before or at 9.30 hours on the next day shall be deemed to have been delivered immediately before 9.30 hours on the second day.

Official search by a purchaser

3.—(1) A purchaser who has authority to inspect a register may apply for an official search of that register.

(2) Where land is subject to a pending first registration application a purchaser who has authority in that behalf given by a person who has applied to be registered as proprietor of, or of a legal charge affecting, such land may apply for an official search in relation to that pending first registration application.

(3) An application for an official search shall be made, in the case of registered land, on Form 94A or 94B and, in the case of a pending first registration application, on Form 94A(FR) or 94B(FR) or, in such cases as the registrar specifies, may be made to the like effect otherwise than in documentary form by such means of communication as the registrar may from time to time authorise.

(4) The application shall be delivered at the proper office and, if in order, shall be entered on the day list and an official certificate of search shall be issued giving the result of search as at the time and date it is deemed to have been delivered.

(5) Where the application is made on Form 94A, 94A(FR), 94B or 94B(FR) it shall, unless the registrar otherwise directs, be delivered in duplicate.

(6) Where the application is made otherwise than in documentary form it shall, unless the registrar otherwise directs, include the information specified and in the sequence set out in Schedule 2 to these rules.

(7) An official certificate of search of a register shall be issued in Form 94D or may be issued otherwise than in documentary form.

(8) An official certificate of search in relation to a pending first registration application shall be issued in Form 94E or may be issued otherwise than in documentary form.

(9) An official certificate of search shall include the information specified in Part I, Part II or Part III of Schedule 3 to these rules as the case may require and, where it is issued under paragraph (7) above may, in the discretion of the registrar, be issued by reference to an accompanying office copy of the register.

Inspection of official searches

4.  During the priority period—

(a)a copy of the application for official search or a visible and legible reproduction of any application otherwise than in documentary form and

(b)a copy of the official certificate of search or a visible and legible reproduction of any result issued otherwise than in documentary form

shall be made available for inspection by any person entitled to inspect the register of the title or the pending first registration application concerned.

Priority of applications protected by official searches of registers

5.  Where a purchaser has applied for an official search of a register, any entry which is made in the register during the priority period relating to that search shall be postponed to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent on a prior dealing, to a subsequent application to register the instrument effecting that dealing provided each such subsequent application—

(a)is deemed to have been delivered at the proper office within the priority period;

(b)affects the same land or charge as the postponed entry; and

(c)is in due course completed by registration.

Priority of applications protected by official searches relating to pending first registration applications

6.—(1) Paragraph (2) has effect where, with respect to a purchase of land which is subject to a pending first registration application—

(a)the purchaser has applied for an official search in relation to the pending first registration application; and

(b)the pending first registration application is subsequently completed by registration of all or any part of the land comprised in that purchase.

(2) Any entry made in the register of title to the land pursuant to an application delivered or otherwise made during the priority period of the official search shall be postponed to any entry made pursuant to a subsequent application to register the instrument effecting the purchase and, if the purchase is dependent upon a prior dealing, a subsequent application to register the instrument effecting that dealing provided each such subsequent application—

(a)is deemed to have been delivered at the proper office within the priority period;

(b)affects the same land or charge as the postponed entry; and

(c)is in due course completed by registration.

Priority of concurrent official searches

7.—(1) Where two or more official certificates of search relating to the same land or the same charge have been issued and are in operation pursuant to these rules, such certificates shall, as far as relates to the priority thereby conferred, take effect, unless the applicants otherwise agree, in the order in which the applications for official search were deemed to have been delivered.

(2) Where two or more applications for official search relating to the same land or the same charge are deemed to have been delivered at the same time the official certificates of search shall, as far as relates to the priority thereby conferred, take effect in such order as may be agreed by the applicants or, failing agreement, as may be determined under rule 298 of the principal rules.e the official certificates of search shall, as far as relates to the priority thereby conferred, take effect in such order as may be agreed by the applicants or, failing agreement, as may be determined under rule 298 of the principal rules.

(3) Where one transaction is dependent upon another the registrar may for the purposes of this rule assume (unless or until the contrary appears) that applicants for search have agreed that their applications shall have priority as between each other so as to give effect to the sequence of the instruments effecting their transactions.

(4) Where an official search has been made in respect of a particular registered title and an application relating to that title is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of the delivery of the application shall be deemed to be within that priority period.

(5) Where an official search has been made in respect of a particular pending first registration application and a subsequent application relating to any land which is subject to the pending first registration application, or was so subject before completion of the registration of that land, is deemed, by virtue of rule 85 of the principal rules, to have been delivered at the same time as the expiry of the priority period relating to that search, the time of delivery of that subsequent application shall be deemed to be within that priority period.

Search by telephone or telex

8.—(1) A person having authority to apply for an official search may apply by his solicitor or licensed conveyancer to the proper office by telephone or telex for a search to ascertain whether—

(a)in the case of a search of the register, any adverse entry has been made in the register since a given date being either the date of the issue of an office copy of the subsisting entries thereon or the date on which the land or charge certificate was officially examined with the register; and

(b)in any case, there is any entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 3 of the Land Registration (Official Searches) Rules 1986(5) or rule 3 of these rules.

(2) Where an application is made by telephone the particulars set out in Part I of Schedule 4 to these rules shall be supplied.

(3) An application by telex shall be made in the form set out in Part I of Schedule 5 to these rules.

Result of search by telephone or telex

9.—(1) Upon receipt of an application by telephone or telex the search shall be made as soon as practicable without regard to any pending applications not yet entered on the day list.

(2) Where the result of a search is given by telephone it shall include the information set out in Part II of Schedule 4 to these rules.

(3) The result of a search sent by telex shall be in the form set out in Part II of Schedule 5 to these rules.

(4) A search made pursuant to this rule shall not be regarded as an official search for the purposes of section 83(3) of the Act or of rule 295 of the principal rules, and shall not confer upon the applicant priority for the registration of any dealing.

Official Search without priority

10.—(1) A person (not being a purchaser requiring an official search under rule 3 of these rules) who has authority to inspect a register may apply for an official search of that register without priority.

(2) The application may be made on form 94C or, in such cases as the registrar specifies, may be made otherwise than in documentary form by such means of communication as the registrar may from time to time authorise.

(3) Where the application is made on form 94C it shall, unless the registrar otherwise directs, be delivered in duplicate.

(4) Where the application is made otherwise than in documentary form it shall, unless the registrar otherwise directs, include the information specified in and in the sequence set out in Schedule 2 to these rules.

(5) The application shall be delivered to the proper office and on completion of the search an official certificate of search shall be issued but such a certificate shall not confer upon the applicant priority for the registration of any dealing and shall so state.

(6) Subject to paragraph (7) below the official certificate of search shall be in form 94D or may be issued otherwise than in documentary form and shall include the information specified in Part I or Part III of Schedule 3 to these rules as the case may require.

(7) The result of search may in any case, in the discretion of the registrar, be issued by reference to an accompanying office copy of the register.

Certificates of official inspection of filed plan

11.—(1) A person who has authority to inspect a filed plan may apply for a certificate of inspection of that filed plan.

(2) The application may be made on form 101 or, in such cases as the registrar specifies, may be made otherwise than in documentary form by such means of communication as the registrar may from time to time authorise.

(3) Where the application is made on form 101 it shall be delivered in duplicate.

(4) Where the application is made otherwise than in documentary form, it shall, unless the registrar otherwise directs, include the information specified in and in the sequence set out in Part I of Schedule 6 to these rules.

(5) The application shall be delivered to the proper office and on completion of the inspection an official certificate of inspection shall be issued but such a certificate shall not confer upon the applicant priority for the registration of any dealing.

(6) The official certificate of inspection shall either be in form 102 or, if issued otherwise than in documentary form, shall include the information specified in Part II of Schedule 6 to these rules.

(7) An official inspection of the filed plan made pursuant to an application under these rules shall be regarded as an official search for the purposes of section 83(3) of the Act and rule 295 of the principal rules.

Conditions of use, suspension and limitation of facilities

12.  The registrar may impose such conditions as he thinks fit on the use of any facilities authorised by him pursuant to these rules for searches or inspections to be made otherwise than in form 94A, 94A(FR), 94B, 94B(FR), 94C or 101 and may, in his discretion, suspend or limit any such facilities and may likewise suspend or limit the facilities provided by rules 8 and 9 of these rules for searches to be made by telephone or telex.

Revocation

13.  The Land Registration (Official Searches) Rules 1986 are hereby revoked.

Mackay of Clashfern, C.

Dated 23rd March 1988

Rule 3 Rule 10 Rule 11

SCHEDULE 1

Rule 3(6)

SCHEDULE 2PARTICULARS TO BE SUPPLIED FOR AN OFFICIAL SEARCH OTHERWISE THAN IN DOCUMENTARY FORM WITH OR WITHOUT PRIORITY

A.  The type of search (state “whole search” or “part search”)

B.  Whether or not the applicant is seeking a search with priority (state “with priority” or “without priority”)

C.  The title number

D.  A short description of the property

E.  The full names of the registered proprietors

F.  The date from which the search is to be made being either the date on which an office copy of the subsisting entries in the register was issued or the last date on which the land or charge certificate was officially examined with the register

G.  The full names of the persons on whose behalf application is made

H.  Unless the application is made under rule 10 of these rules the nature of the intended transaction (state “PURCHASE”, “NEW LEASE” or “REGISTERED CHARGE”)

I.  The plot number (to be completed only in respect of searches of part of the land in a title)

J.  The date of approval of the estate plan (to be completed only in respect of searches of part of the land in a title)

K.  Confirmation, in the case of a search against a registered title, that the applicant holds the duly signed written authority of the registered proprietor or of his solicitor or licensed conveyancer to inspect the register of the title against which the search is being made or that the applicant is also the solicitor or licensed conveyancer for the registered proprietor thereof or, in the case of a pending first registration application, that the applicant holds the duly signed written authority of a person who has applied to be registered as proprietor of, or of a legal charge affecting, the land subject to the application or of the solicitor or licensed conveyancer for such person or that the applicant is also the solicitor or licensed conveyancer for such person

L.  Applicant’s name and address

M.  Applicant’s reference

NOTE: Only the letters of the paragraphs and the details of the information contained therein need be given.

L.  Applicant’s name and address

M.  Applicant’s reference

NOTE: Only the letters of the paragraphs and the details of the information contained therein need be given.

Rule 3 (9)

SCHEDULE 3

PART Iinformation to be included in the result of search issued in form 94d

A.  Details of any adverse entries made on the register since the date specified in the application for search from which the search is to be made

B.  Notice of the entry of any pending application affecting the relevant title entered on the day list pursuant to rule 7A of the principal rules

C.  Notice of the entry of any official search the priority period of which has not expired and which is entered on the day list pursuant to rule 3 of these rules or rule 3 of the Land Registration (Official Searches) Rules 1986

PART IIinformation to be included in the result of a search issued in form 94e

A.  Full name(s) of the person(s) who have applied for first registration of the land

B.  The date upon which the pending first registration application is deemed to have been received at the proper office under rule 24 of the principal rules

C.  Notice of the entry of any pending application affecting the land sought to be registered and entered on the day list subsequent to the date upon which the pending first registration application was lodged

D.  Notice of the entry of any official search the priority period of which has not expired and which is entered on the day list pursuant to rule 3 of these rules

PART IIIinformation to be included in the result of a search otherwise than in documentary form

A.  In the case of registered land, the title number or, in the case of a pending first registration application, the title number followed by the words “allotted on first registration”

B.  The search certificate number (if any)

C.  Property description, if search is of part (if search is of whole this will be stated)

D.  In the case of registered land, the full name(s) of the registered proprietor(s) or in the case of a pending first registration application, the full name(s) of the person(s) applying to be registered as proprietor(s) of the land

E.  The names of the persons on whose behalf the application was made

F.  The nature of the intended transaction, if any

G.  In the case of registered land, the date from which the search has been made or, in the case of a pending first registration application, the date upon which that application is deemed to have been delivered

H.  Details of the result of search in accordance with Part I of this Schedule or, in the case of a pending first registration application, paragraphs C and D of Part II of this Schedule

I.  Details of priority

J.  Applicant’s reference

Rule 8 (2) Rule 9 (2)

SCHEDULE 4

PART Iparticulars to be supplied when a search is made by telephone

A.  The title number and a short description of the property

B.  In the case of registered land, the full name of the proprietor who has given authority to inspect the register or, in the case of a pending first registration application, the full name of the person applying for registration of, or of a legal charge over, the land subject to such application who has given authority to inspect in relation to that pending first registration application

C.  The name, address and telephone number of the solicitor or licensed conveyancer making the application together with the name of the person for whom he is acting

D.  In the case of a search of the register, the date from which the search is to be made

PART IIinformation to be included in the result of a search made by telephone

A.  The title number

B.  A statement whether the search has extended to the whole or been limited to a part of the land comprised in the registered title or the land subject to the pending first registration application as the case may be

C.  A short description of the property

D.  In the case of registered land, the date from which the search has been made or, in the case of a pending first registration application, the date upon which that application is deemed to have been received at the proper office

E.  The result given in accordance with Part I of Schedule 3 in the case of registered land and paragraphs C and D of Part II of Schedule 3 in the case of a pending first registration application

Rule 8 (3) Rule 9 (3)

SCHEDULE 5

PART Iform of application for search of register by telexparticulars to be supplied

A.  [The title number]

B.  [A short description of the property and print “whole search” or “part search”]

C.  [In the case of a search of the register, the date from which the search is to be made, or, in the case of a pending first registration application, print “First Registration”]

D.  [The full name(s) of the proprietor(s) or, in the case of a pending first registration application, the person(s) applying for registration of, or of a legal charge over, the land subject to the pending first registration application who has authorised the inspection of the register or pending first registration application as the case may be]

E.  [The name and Telex address of the solicitor or licensed conveyancer making the application]

F.  [The name of the person(s) on whose behalf the application is made]

NOTE: Only the letters of the paragraphs and the reply to the request for information contained therein need be given

PART IIresult of search

A.  [In the case of a registered title, the title number or, in the case of a pending first registration application, the title number followed by the words “allotted on first registration”]

B.  [If the search was made in respect of the whole of the land in the registered title, “whole” will be printed. If it was in respect of a part only, the description of the property will be given]

C.  [The date from which the search has been made or, in the case of a pending first registration application, the date upon which that application is deemed to have been received at the proper office]

D.  [Details of the result of search as set out in Part I of Schedule 3 to these rules or, in the case of a pending first registration application, as set out in paragraphs C and D of Part II of Schedule 3 to these rules. If there are no such details to be supplied “Nil” will be printed]

Rule 11 (4) Rule 11 (6)

SCHEDULE 6

PART Iparticulars to be supplied in the case of an application for a certificate of inspection of the filed plan made otherwise than in documentary form

A.  State “Filed Plan Inspection Request”

B.  The title number

C.  Description of the property in the above title

D.  The plot number

E.  The date of approval of approved estate plan

F.  Full name(s) of the registered proprietor(s)

G.  The full name(s) of the applicant(s) if other than the registered proprietor(s)

H.  Confirmation that the applicant holds the duly signed written authority of the registered proprietor or his solicitor or licensed conveyancer to inspect the register against which the search is being made or that the applicant is the solicitor or licensed conveyancer for the registered proprietor

I.  Applicant’s name and address

J.  Applicant’s reference

PART IIinformation to be included in the certificate of inspection of filed plan

A.  The title number

B.  Property description including the plot number on the approved estate plan

C.  Confirmation that the said plot is in the title or otherwise

D.  Details of any reference(s) on the filed plan which affect(s) the plot or confirmation that there are no references shown on the filed plan which affect the plot

E.  Any further information which is needed in order to interpret the entries on the register

F.  Applicant’s reference

Explanatory Note

(This note is not part of the Rules)

These Rules, which replace the Land Registration (Official Searches) Rules 1986, make provision for the official search and telephone or telex search procedures to be extended, with necessary modifications, to cases where land is subject to a pending first registration application which has not been completed. Changes are also made in the prescribed forms of application, which are set out in Schedule 1 to the Rules.

(2)

S.R. & O. 1925/1093; relevant amending instruments are S.I. 1978/1601, 1986/1534.

(3)

S.I. 1987/2213.

(5)

S.I. 1986/1536.