The Land Registration (Official Searches) Rules 1993

PART IV REQUEST FOR INFORMATION AND SEARCHES WITHOUT PRIORITY

Information requested by applicant making a telephone or oral application under rule 3(3)(b)(i) or rule 9(2)(b)(i) or an application by remote terminal under rule 3(3)(b)(iii) or rule 9(2)(b)(iii)

11.—(1) If so requested by an applicant who is making a telephone or oral application under rule 3(3)(b)(i) or rule 9(2)(b)(i), the registrar may at his discretion, before the official search has been completed in respect of such application, give to the applicant, by telephone or orally, details of:

(a) in the case of an application for a search of the whole of, or part of, the land in a registered title:

(i) any relevant adverse entry that has been made in the register since the search from date given in the application; and

(ii) any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 4 of the Land Registration (Official Searches) Rules 1990(1) or rule 4 of these rules; and

(b) in the case of an application for a search of the whole of, or part of, the land subject to a pending first registration application, any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules (and entered on the day list subsequent to the date upon which the pending first registration was deemed to be delivered), rule 4 of the Land Registration (Official Searches) Rules 1990 or rule 4 of these rules affecting the pending first registration application.

(2) If so requested by an applicant who is making an application to the registrar’s computer system from a remote terminal under rule 3(3)(b)(iii) or rule 9(2)(b)(iii), the registrar may at his discretion, before the official search has been completed in respect of such application, inform the applicant, by a transmission to the remote terminal, whether or not there have been any relevant entries of the kind referred to in paragraph (1)(a) or (b), but the registrar need not provide the applicant with details of any relevant entries.

Search without priority by telephone

12.—(1) 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, a person may apply to the registrar by telephone for a search without priority of the whole of, or (where the search is in respect of one or more plots on an approved estate plan) part of, the land in a registered title to ascertain whether:

(a) any relevant adverse entry has been made in the register of the title since the search from date given in the application; and

(b) there is any relevant entry subsisting on the day list made pursuant to rule 7A of the principal rules, rule 4 of the Land Registration (Official Searches) Rules 1990 or rule 4 of these rules affecting the title.

(2) Where an application is made under paragraph (1) the particulars set out in Part I of Schedule 3 shall be supplied in such order as may be required by the notice referred to in paragraph (1).

Result of search without priority by telephone

13.—(1) The result of a search given by telephone pursuant to an application under rule 12 shall include the information set out in Part II of Schedule 3.

(2) A search made pursuant to an application under rule 12 shall not confer upon the applicant priority for the registration of any dealing.

(1)

S.I. 1990/1361.