The Land Registration (Official Searches) Rules 1990

PART I

Citation and commencement

1.  These rules may be cited as the Land Registration (Official Searches) Rules 1990 and shall come into force on 3rd December 1990.

Interpretation

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

“the Act” means the Land Registration Act 1925;

“credit account” means an account authorised by the registrar under article 14(1) of the Land Registration Fee Order 1990(1);

“day” except in rule 14(1)(d), means a day when the Land Registry is open to the public;

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

“official certificate of search” means a result of search issued in accordance with rule 4 or 10;

“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 or 9;

“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;

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

“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) Order 1989(3);

“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 means.

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

(3) An application for an official search with priority made by a purchaser in accordance with rule 3 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.

(4) Expressions used in these rules have, unless the contrary intention appears, the meaning which they bear in the principal rules.

PART II OFFICIAL SEARCHES WITH PRIORITY

Application for official search with priority by purchaser

3.—(1) A purchaser may apply for an official search with priority of the register of the title to the land to which the purchase relates.

(2) Where land is subject to a pending first registration application a purchaser of such land may apply for an official search with priority in relation to that pending first registration application.

(3) An application for an official search with priority shall be made:

(a) by delivering in documentary form at the proper office an application in the case of registered land on Form 94A or Form 94B, as appropriate, and in the case of a pending first registration application, on Form 94A or Form 94B(FR), as appropriate; or

(b) by delivering the application to the proper office, 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 that referred to in sub-paragraph (a) and:

(i) where the application is made by telephone by a purchaser of the whole of the land in a registered title or of the whole of the land subject to a pending first registration application, the purchaser shall provide, in such order as may be requested, such of the particulars as are appropriate and are required for an application for an official search with priority in Form 94A;

(ii) where the application is made by facscimile transmission in the case of registered land the purchaser shall provide Form 94A or 94B, as appropriate, or, in the case of a pending first registration application, Form 94A or Form 94B(FR), as appropriate, together with, where the application is in Form 94B or Form 94B(FR), any necessary plan; and

(iii) in any other case the purchaser shall provide such of the information specified in Schedule 2 and in such sequence as shall be required by that notice.

(4) Where the application is made under paragraph (3)(a), Form 94A, Form 94B or Form 94B(FR) and any plan accompanying the application, shall, unless the registrar otherwise allows, be delivered in duplicate.

Entry of application on day list and issue of official certificate of search with priority

4.—(1) If an application for an official search with priority is in order, notice of it shall be entered on the day list and an official certificate of search shall be issued giving the result of the search as at the time and day it is deemed to have been delivered.

(2) An official certificate of search with priority of a register or in relation to a pending first registration application may be issued:

(a) where appropriate, in the form set out under the heading “Official Certificate of Result” in Form 94A, Form 94B or Form 94B(FR);

(b) where appropriate, in Form 94D;

(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) An official certificate of search shall include the information specified in Part I, Part II or Part III of Schedule 3 as the case may require and may be issued by reference to an office copy of the register.

Inspection of applications for official searches with priority and official certificates of search with priority

5.  During the priority period details in a visible and legible form:

(a) of the application for official search with priority; and

(b) of the official certificate of search with priority;

shall be made available for inspection by any person.

Priority of applications protected by an official search with priority of a register

6.  Where a purchaser has applied for an official search with priority of a register, any entry which is made in that 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 an official search with priority relating to a pending first registration application

7.—(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 with priority 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 applications for official searches with priority and concurrent official certificates of searches with priority

8.—(1) Where two or more official certificates of search with priority 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 with priority were deemed to have been delivered.

(2) Where two or more applications for official search with priority relating to the same land or the same charge are deemed to have been delivered at the same time the official certificates of search with priority 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 with priority 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 with priority 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 with priority 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.

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 of a register without priority.

(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) by delivering the application to the proper office, 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 that referred to in sub-paragraph (a) and:

(i) where the application is made by facsimile transmission in Form 94C, by delivering also any necessary plan; and

(ii) in any other case by providing such of the information specified in Schedule 2 and in such sequence as shall be required by that notice.

(3) Where the application is made under paragraph (2)(a), Form 94C and any plan accompanying the application shall, unless the registrar otherwise allows, be delivered in duplicate.

Issue of official certificate of search without priority

10.—(1) On completion of the 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 and shall so state.

(2) An official certificate of search without priority may be issued:

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

(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 any means of communication, other than the means referred to in sub-paragraph (a).

(3) An official certificate of search without priority shall include the information specified in Part I or Part III of Schedule 3 as the case may require and may be issued by reference to an office copy of the register.

PART IV REQUEST FOR INFORMATION AND SEARCHES WITHOUT PRIORITY, NOT BEING OFFICIAL SEARCHES

Information requested by applicant making a telephone application under rule 3(3)(b)(i)

11.—(1) If so requested by an applicant who is making a telephone application under rule 3(3)(b)(i), the registrar may at his discretion also by telephone give to the applicant details of:

(a) in the case of an application under rule 3 for a search with priority of the whole of the land in a registered title, any adverse entry that has been made in the register since the date given in the application as 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, 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 1988(4) or rule 4 of these rules.

(2) The applicant shall not be entitled to request details of any pending applications not yet entered on the day list.

(3) Details given by the registrar pursuant to an applicant’s request under this rule shall not constitute an official search for the purpose of section 83(3) of the Act or an official certificate of the result of a search for the purpose of rule 295 of the principal rules.

Search without priority by telephone or telex

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 proper office by telephone or telex for a search without priority 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 1988 or rule 4 of these rules.

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

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

Result of search without priority by telephone or telex

13.—(1) Upon receipt of an application by telephone or telex made pursuant to rule 12 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.

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

(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.

PART V

Notice for the provision of additional arrangements for searches

14.—(1) If the registrar is satisfied that adequate arrangements have been or will be made for dealing with the applications for or results of search specified in paragraph (4) in accordance with this rule, he may, in such manner as he considers appropriate for informing persons who may wish to make applications under these rules, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or classes of case so covered by limiting them:

(a) to one or more of the types of application or result of search mentioned in paragraph (4);

(b) in the case of applications made as mentioned in paragraph (4), to applications made by a person maintaining a credit account;

(c) to applications which relate to land within specified counties, districts, London boroughs or other administrative areas;

(d) to applications made between specified hours and on specified days (which need not be those between or on which the land Registry is open to the public and may be different for applications of different types);

(e) where an application is made under rule 3(3)(b) or 9(2)(b) or a result is issued under rule 4(2)(c) or 10(2)(b), to delivery of such application or to the issue of such result by one or more means of communication.

(2) Subject to paragraph (3) of this rule a notice given pursuant to paragraph (1) shall be current:

(a) from the time specified in that behalf in the notice; and either

(b) until the time, if any, specified in that behalf in the notice; or

(c) if no time of ceasing to be current is specified in the notice, indefinitely.

(3) A notice given pursuant to paragraph (1) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.

(4) The applications for or results of search referred to in paragraph (1) are:–

(a) an application for an official search with priority made under rule 3(3)(b);

(b) an official certificate of search with priority issued under rule 4(2)(c);

(c) an application for an official search without priority made under rule 9(2)(b);

(d) an official certificate of search without priority issued under rule 10(2)(b);

(e) an application for a search without priority by telephone or telex under rule 12;

(5) Notwithstanding the provisions of rules 3(3)(b), 4(2)(c), 9(2)(b), 10(2)(b) and 12 the registrar may in his discretion refuse to accept an application made under any of those provisions in any individual case.

Revocation

15.  The Land Registration (Official Searches) Rules 1988 are hereby revoked.

Mackay of Clashfern, C.

Dated 4th July 1990