PART IIOFFICIAL SEARCHES WITH PRIORITY

Application for official search with priority by purchaser3

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 on Form 94A or Form 94B, as appropriate; 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 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 or Form 94B;

ii

where the application is made by facsimile transmission the purchaser shall provide Form 94A or Form 94B, as appropriate, together with, where the application is in Form 94B (and the plot number or numbers of any relevant approved estate plan are not quoted), a designated plan of the land in respect of which the official search is to be made; and

iii

in any other case the purchaser shall provide, in such order as may be required by that notice, such of the particulars as are appropriate and are required for an application for an official search with priority in Form 94A or Form 94B.

4

Where the application is made on Form 94B under paragraph (3)(a), unless the registrar otherwise allows:

a

Form 94B and any plan accompanying the application, shall be delivered in duplicate;

b

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

5

Where the application is made under paragraph (3)(b)(ii) in Form 94B, the purchaser shall provide, unless the registrar otherwise allows, Form 94B (Result).