The Land Registration (Official Searches) Rules 1993

PART III OFFICIAL SEARCH WITHOUT PRIORITY

Application for official search without priority

9.—(1) A person (not being a purchaser requiring an official search with priority under Part II of these rules) may apply for an official search without priority of a register.

(2) An application for an official search without priority may be made:

(a) by delivering in documentary form at the proper office an application on Form 94C; or

(b) during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by delivering the application to the registrar, by any means of communication, other than that referred to in sub-paragraph (a) and:

(i) where the application is made by telephone or orally the applicant shall provide, in such order as may be requested, such of the particulars as are appropriate and are required by Form 94C;

(ii) where the application is made by facsimile transmission the applicant shall provide Form 94C and if the application is in respect of part of the land in a registered title and the plot number or numbers of any relevant approved estate plan are not quoted, the applicant shall also provide a designated plan of the land in respect of which the official search is to be made; and

(iii) in any other case the applicant shall provide, in such order as shall be required by that notice, such of the particulars as are appropriate and are required by Form 94C.

(3) Where the application is made under paragraph (2)(a), unless the registrar otherwise allows—

(a) Form 94C and any plan accompanying the application, shall be delivered in duplicate;

(b) the application shall be accompanied by Form 94C (Result) in duplicate.

(4) Where the application is made under paragraph (2)(b)(ii), the applicant shall provide, unless the registrar otherwise allows, Form 94C (Result).

Issue of official certificate of search without priority

10.—(1) On completion of the official search without priority an official certificate of search without priority shall be issued and such certificate shall not confer on the applicant priority for the registration of any dealing.

(2) An official certificate of search without priority may, at the registrar’s discretion, be issued in one, or more than one, of the following ways:

(a) in the form set out under the heading “Official Certificate of Result of Search” in Form 94C (Result);

(b) in documentary form;

(c) during the currency of any relevant notice given pursuant to rule 14, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than the means referred to in sub-paragraphs (a) and (b).

(3) Subject to paragraphs (4) and (5), an official certificate of search without priority issued under paragraph (2) shall include the information specified in Part I of Schedule 2 and may be issued by reference to an office copy of the register.

(4) Where the official certificate of search is issued in Form 94C (Result) or in documentary form, under paragraph (2), together with the relevant application form, or a copy of that application form, it need not include any of the information referred to in paragraph (3) which appears on that application form.

(5) Where an official certificate of search is issued under paragraph (2)(c) and another official certificate of search is to be, or has been, issued under paragraph (2)(b) in respect of the same application, it need only include the information specified at A, F, G, and H, of Part I of Schedule 2.