天美影院

1. Introduction

This guide explains:

• the purpose and effect of the different types of official search
• how you may lodge official search applications
• the information and, where appropriate, the documents you require to lodge an application
• how an official search with priority can be used to protect a later application for registration

Matters not covered by this guide.

• Official searches of the index map 鈥� see practice guide 10: index map: official search.
• Official searches of the index of franchises and manors 鈥� see practice guide 13: index of relating franchises and manors.
• Searches of the index of proprietors鈥� names 鈥� see practice guide 74: searches of the index of proprietors鈥� names.
• Searches of the register for a home rights notice 鈥� see practice guide 20: home rights and applications under the Family Law Act 1996.
• Applications for official copies 鈥� see practice guide 11: inspection and application for official copies.

The official search procedure provides you with a means to:

• update the details of a previously obtained official copy of the register of title by checking whether any adverse entries have been made in the register of title since the search from date (see How to apply), or where the official search has been lodged against a pending first registration title, to confirm that such an application has been received, who lodged it and when it was lodged
• get details of any relevant pending application
• ensure, where appropriate, that no adverse entries are made in the register before a protectable disposition is completed by registration. See Priority and priority periods for further information

The information will be contained in the official search certificate, which is issued when the search has been completed, see Official search certificates for more information.

You are advised to apply for an official search at least 5 business days before the completion of the disposition to ensure that you secure priority.

An official search of part in form OS2 will only be considered against the title number(s) against which the search is made. Searches of land which fall wholly outside of the title number/s quoted will be rejected. If the plan attached to your search includes land that is clearly not identified on the title plan for that registered title as part of the registered extent, including where part of the estate has been removed from the title, we will tell you but will not provide the title number(s) for that land. Where you do not know whether the property is registered, you can apply for a search of the index map, see practice guide 10: index map: official search.

1.1 Interests that cannot be protected with an official search

The following are rights, matters or interests that cannot be protected by official search.

• Adverse possession
• Agreed notice (see Note 1 below)
• Assent of a charge
• Assent of part
• Assent of whole
• Caution 鈥� cancellation of
• Caution 鈥� withdrawal of
• Charge 鈥� consolidation of
• Charge 鈥� noted as an agreed or unilateral notice under section 34 of the Land Registration Act 2002 (see Note 1 below)
• Charge 鈥� notice of agreed maximum amount of security
• Charge 鈥� obligation to make further advances
• Charge 鈥� postponement of a registered charge
• Charge 鈥� transfer of a registered charge not for value
• Charge 鈥� variation of a registered charge
• Determined boundary
• Discharge of whole
• Easements 鈥� deed of grant of legal easements not for value (see Note 1 below)
• Easements 鈥� lease of legal easements not for value (see Note 1 below)
• First registration
• Home rights 鈥� cancellation of a notice or matrimonial home rights caution (see Note 2 below)
• Home rights 鈥� entry of a notice (see Note 2 below)
• Lease of a registered estate not for value
• Manor 鈥� deregistration of
• Notice 鈥� cancellation of
• Profit a prendre in gross not for value
• Restriction (see Note 1 below)
• Surrender of lease 鈥� not for valuable consideration
• Transfer of part not for value
• Transfer of whole not for value
• Unilateral notice (see Note 1 below)
• Upgrade title

Note 1: Please refer to practice guide 19: notices, restrictions and the protection of third-party interests.

Note 2: Please refer to practice guide 20: home rights and applications under the Family Law Act 1996.

1.2 Interests you can protect with an official search

If you are lodging an official search to protect a registrable disposition that affects only part of the land in a registered title or pending first registration, for example a transfer of part, lease of part or charge of part, you must apply for an official search of part application (form OS2). If you apply for an official search of whole (form OS1) in error, registration of your subsequent application of part and any other applications of part lodged for registration within the priority period of the official search will be delayed because registration cannot be completed until the official search has either expired or is withdrawn under rule 150 of the Land Registration Rules 2003. This could mean that the registration of other customers鈥� applications is unnecessarily delayed.

Right, interest or matter	Reason for application
	P = purchase
	L = lease
	C = charge
Charge - legal registered under section 27 of the Land Registration Act 2002	C
Charge - sub-charge registered under section 27 of the Land Registration Act 2002	C
Charge - transfer of a registered charge for value	P
Easements - deed of grant of legal easements for value	P
Easements - lease of legal easements for value	P
Lease of a registered estate for value	L
Profit a prendre in gross for value	P
Rentcharge - grant of	P
Transfer of part for value	P
Transfer of whole for value	P

2. Types of official search

2.1 Official search with priority of whole or of part of the estate comprised within a registered title

You can only apply for a priority search if the search is in respect of a protectable disposition, that is for a valuable consideration.

Where the land subject of your search falls within a pending new transfer of part or new lease application (see Official search with priority of the whole or of part of the estate comprised within a pending first registration application for searches against pending first registrations), if you are seeking priority for a subsequent transaction to the pending application consideration should be given to lodging a search against the new title 鈥� see Sub-dispositions or re-dispositions.

Besides updating the details of a previously obtained official copy of the register by providing details of any relevant adverse entries, pending applications or official searches made subsequent to that official copy, a priority search provides a period of priority for the protected application. Priority and priority periods explains the principles and effect of priority.

How to apply explains how you may lodge an application and what information you need to provide.

Official search certificates explains what information the official search certificate will contain.

2.2 Official search with priority of the whole or of part of the estate comprised within a pending first registration application

You can only apply for a priority search against a pending first registration title. The search must be in respect of a protectable disposition, that is for a valuable consideration.

Besides providing details of any relevant pending applications or official searches with priority made subsequent to the application for first registration, a priority search provides a period of priority for the protected application.

Priority and priority periods explains the principles and effect of priority.

How to apply explains how you may lodge an application and what information you need to provide.

Official search certificates explains what information the official search certificate will contain.

Note: Until a first registration application has been completed no guarantee can be given that any registered title will be granted or, if granted, that it will be of the class applied for.

As explained in Official search certificates, the official search certificate, against a pending first registration application, will not contain details of the entries that may be made or of any other application(s) contained within the first registration application. It is for you to confirm with the applicant for first registration that the title lodged is in order. Any person lodging an application for first registration is, therefore, advised to retain examined copies of the documents lodged if there is any likelihood that there will be a dealing with the estate before registration would normally be completed. There should, therefore, be no requirement to inspect the documents lodged with HM Land Registry. However, if such a requirement arises and HM Land Registry holds the original documents, we will usually be prepared to return the documents temporarily to whoever lodged the application for first registration if they did not retain copies. The first registration cannot proceed until the documents are re-lodged.

2.3 Official search without priority of the whole or of part of the estate comprised within registered title

Anyone may lodge an application for an official search without priority. This allows a person who is not entitled to make a priority search, or who does not want a search with priority, to search a register from a given date, the search from date.

How to apply explains how you may lodge an application and what information you need to provide.

Official search certificates explains what information the official search certificate will contain.

The official search certificate does not confer a priority period for the registration of any application.

2.4 Official search by an existing mortgagee of the whole of the estate comprised within a registered title

These official searches are commonly referred to as 鈥榟ome rights鈥� searches and are covered in practice guide 20: home rights and applications under the Family Law Act 1996.

3. How to apply

You are advised to apply for an official search at least 5 business days before the completion of the disposition to ensure that you secure priority.

Where possible all applications for official search applications should be made electronically. See HM Land Registry portal.

If you are lodging your official search application by another method, you must provide all the same information. See Information and details you must provide for the information required.

In general, an official search application will only be in respect of one title number, but there are exceptions to this.

Where the extent being searched affects more than one title a search of whole or search of part (as appropriate) should be lodged against all the affected titles.

Example 1.

The extent searched forms part of two titles, a search of part should be lodged against each title.

Example 2.

The extent searched forms the whole of one title and part of another, a search of whole and a search of part should be lodged against each title respectively.

If it is clear that:

• all titles searched against relate to the same transaction, and
• all the relevant official search applications are lodged together

we will link searches of part with any associated searches rather than limiting them, unless the protectable disposition falls outside the titles searched, in which case a limitation would be applied to that part searched falling outside all of the titles.

A fee is payable for each search lodged.

3.1 Applying electronically for official searches

You can apply for official searches of whole or part through HM Land Registry portal, for further information see HM Land Registry portal.

Business e-services, Business Gateway and National Land Information Service applicants should select the equivalent option from the appropriate menu.

The application must be accompanied by the fee prescribed under the current Land Registration Fee Order, see HM Land Registry Information 天美影院 fees.

3.2 Applying by post for an official search

Where possible applications for official searches should be made electronically through HM Land Registry portal. For further information see HM Land Registry portal.

The forms are:

• form OS1: official search with priority of whole of a registered title or a pending first registration application.

• form OS2: official search with priority of part of a registered title or a pending first registration application.

• form OS3: official search without priority of whole or part of a registered title.

3.3 Applying orally for an official search

A search may only be lodged orally at a local office during the currency of a notice given by the Chief Land Registrar under Schedule 2 of the Land Registration Rules 2003 and in accordance with the limitations contained in the notice. For example, where the registrar considers that the customer has demonstrated a need which cannot be fulfilled by another method of communication with HM Land Registry.

3.4 Information and details you must provide

You must provide the following information and details for each type of official search application as appropriate.

3.4.1 Official search with priority of whole (form OS1)

You must provide the:

• administrative area and postcode (if known) in which the property falls
• title number of the registered title or that allocated to a pending first registration application
• appropriate fee, see HM Land Registry Information 天美影院 fees
• name, address and reference of the person lodging the application
• if appropriate, alternative name, address and reference where the official search certificate is not to be returned to the person who originally lodged the application
• registered proprietor(s) or applicant(s) for first registration name(s)
• search from date (see Note 1 below)
• applicant(s) name(s), that is the name(s) of the person(s) or company for whose interest protection is being sought
• reason for application, that is the disposition that the search is intended to protect, namely, purchase, lease or charge (the protectable disposition)
• the address or description of the property comprised within the registered title or the application for first registration
• type of search required, that is, is it against a registered title or a pending application for first registration

Note 1: Search from date - rule 131 of the Land Registration Rules 2003 defines 鈥渟earch from date鈥� as:

• the date stated on an official copy of the individual register of the relevant registered title as the date on which the entries shown on that official copy were subsisting
• the date stated at the time of an access by remote terminal, where provided for under these rules, to the individual register of the relevant registered title as the date on which the entries accessed were subsisting

For official searches against the whole of a pending new title, the search from date is expected to be taken from official copies of the register out of which the new title is being created.

It is important the search from date is taken from the official copy of the register. If the date entered is not such a date it may mean the search result will not reveal all matters affecting the land searched.

3.4.2 Official search with priority of part (form OS2)

The disposition must be for value and affect only part of the registered title or pending first registration application.

Practice guide 40: supplement 2 gives general information for preparing plans for HM Land Registry applications and practice guide 41: supplement 5 gives information about plan requirements and surveying specification on developing estates in support of applications to HM Land Registry.

If you use a plan that does not meet the above criteria your application will be cancelled.

You must provide the:

• administrative area and postcode (if known) in which the property falls
• title number of the registered title or that allocated to a pending first registration application
• appropriate fee, see HM Land Registry Information 天美影院 fees
• name, address and reference of the person lodging the application
• if appropriate, alternative name, address and reference where the official search certificate is not to be returned to the person who originally lodged the application
• registered proprietor(s) or applicant(s) for first registration name(s)
• search from date (see Note 1 below)
• applicant(s) name(s), that is, the name(s) of the person(s) or company for whose interest protection is being sought

• reason for application, that is, the disposition that the search is intended to protect, namely, purchase, lease or charge (the protectable disposition)

• address or description of the part of the property to be searched. How this information is supplied will depend upon the nature of the estate:

  • Approved estate plan: If HM Land Registry has previously approved an estate plan, you need only quote the plot number and the date of approval of the estate plan; ensure that you quote the relevant plot number(s) where the property comprises 2 or more separately numbered plots, for example a house in a block of dwellings with its garage in a separate block

  • No approved estate plan: If the property does not form part of an estate or there is no approved estate plan, you must lodge a plan, in duplicate, of the part you want to search. The plan must:

    • show clearly and precisely, by suitable colouring or colour edging, the precise extent to be searched
    • where a plan shows multiple references thereon, the specific reference for the extent to be searched must be included in the description of the property
    • be drawn to a recognised scale and show the scale to which it is drawn
    • ideally show a north point
    • not be marked 鈥榝or identification purposes only鈥�
    • show sufficient detail of the surrounding roads and other features to enable the position and extent of the land, and/or proposed development, which is the subject of the search to be identified on the Ordnance Survey map and/or lessor鈥檚 or vendor鈥檚 title plan

The application must make clear on which floor level(s), if any, the extent to be searched lies and the plan must show:

• by colouring the precise extent of each level to be searched
• the position of the extent to be searched in relation to existing detail on the title plan and external boundaries or outline of the building of which it forms a part

Please note 鈥� photographs cannot be accepted in lieu of a plan whether at ground or aerial level.

Note 1: Search from date - rule 131 of the Land Registration Rules 2003 defines 鈥渟earch from date鈥� as:

• the date stated on an official copy of the individual register of the relevant registered title as the date on which the entries shown on that official copy were subsisting
• the date stated at the time of an access by remote terminal, where provided for under these rules, to the individual register of the relevant registered title as the date on which the entries accessed were subsisting

For official searches against part of a pending new title, the search from date is expected to be taken from official copies of the register out of which the new title is being created.

It is important the search from date is taken from the official copy of the register. If the date entered is not such a date it may mean the search result will not reveal all matters affecting the land searched.

Search by reference to HM Land Registry title plan

If the extent to be searched is already referred to on a title plan, you need only select the option 鈥業 wish to refer to a reference on a title plan鈥� and refer to the reference (for example 鈥渓and edged and numbered 1 in blue鈥�) and the title number or complete panel 6(c) of form OS2.

The title number does not have to be the same as the title number against which the search has been submitted. Any affecting floor level within the search extent must be clearly identified (for example 鈥�1st floor flat edged red on title plan XXX鈥�).

However, you should consider the extent of the red edging on a title plan when submitting a search to protect a lease extension or renewal of an existing registered lease. As with all leasehold titles, the register and title plan must be read in conjunction with the lease to understand the agreement made between the original parties. The red edging on the existing leasehold title plan may show only the outline of the building as published on the Ordnance Survey map and not a precise extent so would not be suitable for use with a search and your application may be rejected as a result. In this instance, you should consider submitting the plan to the original registered lease rather than making reference to an existing title number.

3.4.3 Official search without priority of whole or part (form OS3)

An official search without priority may only be lodged in respect of a registered title. It cannot be used to search against a pending first registration title.

The information and details that you must provide, dependent upon whether you are seeking to search the whole or part of a registered title, are the same as that required for a form OS1 or form OS2 application as detailed in Form OS1 Official search with priority of whole and Form OS2 Official search with priority of part.

If applying by post, use form OS3 to request an official search without priority of either the whole or part of the estate comprised within a registered title. You must complete the relevant parts of panel 6 of the form to confirm whether the search is to be of whole or part.

3.5 Methods of lodgement

You may lodge an application for an official search by a variety of methods dependent upon the type of search you are requesting. The following table contains a summary of the methods but please also refer to the expanded explanations below the table.

Method of lodgement	Type of official search
	OS1 Official search with priority of whole of a registered title or a pending first registration application	OS2 Official search with priority of part of a registered title or a pending first registration application	OS3 Official search without priority of whole or part of a registered title	HR3 Official search in respect of home rights
Royal Mail or DX	Yes	Yes	Yes	Yes
Business e-services (HM Land Registry account holder only)	Yes	Yes	Yes (of whole only)	Yes
Business Gateway (HM Land Registry account holder only)	Yes	Yes	No	No
National Land Information Service	Yes	Yes	Yes	Yes
Orally by appointment at an HM Land Registry office	Yes	No	Yes (of whole only)	No

3.6 Requirements for each method of lodgement

There are specific requirements you must comply with which are dependent on the method you are using to lodge your application.

3.6.1 Royal Mail or DX

All paper applications should be sent to the standard address.

3.6.2 Portal services

This service enables you to lodge your application from a remote terminal situated in your office direct to Land Registry鈥檚 computer system. Business e-services contains details on how you may obtain further information about how to obtain access to this service.

You must hold an HM Land Registry account to be able to use this service.

An application lodged through Business e-services can only be made during the currency of a notice given by the Chief Land Registrar under Schedule 2 of the Land Registration Rules 2003 and in accordance with the limitations contained in the notice.

The service is available from 6.30am to 11pm every day. Business e-services day list capture is from 6.30am to 11pm from Monday to Friday, excluding national holidays. Applications submitted outside day list capture times will be accepted but not processed until after 6am on the next business day.

3.6.3 Business Gateway

This service enables conveyancers to interface directly with Land Registry Business e-services using their case management system. Business Gateway tells you how to apply.

You must hold a Land Registry account to be able to use this service.

An application lodged through Business Gateway can only be made during the currency of a notice given by the Chief Land Registrar under Schedule 2 of the Land Registration Rules 2003 and in accordance with the limitations contained in the notice.

The service is available from: 6.30am to 11pm every day. Business e-services day list capture is from 6.30am to 11pm from Monday to Friday, excluding national holidays. Applications submitted outside day list capture times will be accepted but not processed until after 6am on the next business day.

3.6.4 National Land Information Service

This is an internet-based system by which you may lodge your application through a channel provider, who will pass it on to HM Land Registry through the Business Gateway service. contains details of how you may obtain further information about this service. The conditions will be the same as for Business Gateway.

3.6.5 Orally by appointment at an HM Land Registry office

An application lodged orally at an HM Land Registry office can only be made during the currency of a notice given by the Chief Land Registrar under Schedule 2 of the Land Registration Rules 2003 and in accordance with the limitations contained in the notice. You must request an appointment.

If because of your condition or circumstance you require an appointment, please contact us.

4. Official search certificates

On completion of the official search, an official search certificate will be issued. Because more than one version of a register can be prepared during the same day, the result of the search will be given from one second past midnight at the beginning of either the 鈥榮earch from鈥� date or the date that the first registration application was received. A result of an official search with priority reveals entries made since the beginning of the 鈥榮earch from鈥� day.

The official certificate will contain:

• a statement, where applicable, that there have been no adverse entries since the search from date. This means that no adverse entries have been made in the register and that there are no pending applications or unexpired priority searches noted on the day list

or

• details of any relevant adverse entries made in the register on or after the search from date. This will usually be by reference to an official copy of the register issued with the certificate. You will be able to identify any changes by comparing this official copy with the one you already hold

Note: Details of any entries made in the register and subsequently cancelled during the period searched may not be given.

• notice of the entry of any relevant pending application or proposal by the registrar to alter the register affecting the title entered on the day list
• notice of the entry on the day list of any relevant official search with priority, the priority period of which has not expired, entered on the day list
• the date and time at which the priority period commences and expires if the official search is with priority

Sometimes an adverse entry made in the register since the search from date will refer to a colour or other reference on the title plan, which is not already shown. If you require further information about this, you will have to either obtain an up-to-date official copy of the title plan or request further information from the registered proprietor(s) of the title.

The official search certificate will be limited to the registered title you quote. If the plan attached to your search includes land that is clearly not identified on the title plan for that registered title as part of the registered extent, including where part of the estate has been removed from the title, we will tell you and will provide an illustrative plan. The title plan identifies the property but is not conclusive as to its boundaries or extent, see HM Land Registry plans: boundaries (practice guide 40: supplement 3) for further information. As the search relies on the title plan, it is subject to the same limitation and must not be relied on to work out the extent of land in a registered title.

If the extent you are searching comprises land falling in more than one title, and it is appropriate for you to lodge applications against all affected titles, the official search certificate will not be limited provided the protectable disposition lies within all the titles that are searched. See How to apply for more information.

Note: If the search is in respect of a title allocated to a pending first registration application, the official certificate will not contain details of any entries that may be made in the register of title resulting from the documents, or other evidence of title produced in connection with the application. This includes charges or any other application(s) contained within the first registration application. The issue of an official search certificate does not affect the position and a warning notice to this effect is issued with the certificate.

4.1 Issue of official search certificate

If you apply through Portal or Business Gateway an official search certificate will be issued electronically. If HM Land Registry is unable to issue an official search certificate for example when a limitation plan greater than A3 is required to accompany the search result, then the certificate will be issued in paper form.

5. Priority and priority periods

5.1 Priority of applications

An application received on a business day is taken, under rule 15 of the Land Registration Rules 2003, as made at the earlier of:

• the time of day notice of it is entered in the day list, or
• (i) midnight marking the end of the day it was received if the application was received before 12 noon, or
• (ii) midnight marking the end of the next business day after the day it was received if the application was received at or after 12 noon.

Where 2 or more applications relating to the same registered title are taken as having been made at the same time, the order in which, as between each other, their priority shall be determined in the manner prescribed by rule 55 of the Land Registration Rules 2003:

• where the applications are made by the same applicant, they rank in such order as they may specify
• where the applications are not made by the same applicant they rank in such order as the applicants may specify that they have agreed
• where the applications are not made by the same applicant, and the applicants have not specified the agreed order of priority, the registrar will notify the applicants that their applications are regarded as having been delivered at the same time and request them to agree, within a specified time (being not less than 15 working days), their order of priority
• where the parties fail within the time specified by the registrar to indicate the order of priority of their applications the registrar must propose the order of priority and serve notice on the applicants of the registrar鈥檚 proposal
• any notice served, as stated above, must draw attention to the right of any applicant who does not agree with the registrar鈥檚 proposal to object to another applicant鈥檚 application
• where one transaction is dependent upon another the registrar must assume (unless the contrary appears) that the applicants have specified that the applications will have priority so as to give effect to the sequence of the documents effecting the transactions.

This order will be affected where an application is protected by an official search with priority.

5.2 Priority period under an official search

Priority under an official search commences when notice of it is entered on the day list.

Where an application for an official search is lodged during a business day through Business e-services, Business Gateway or the National Land Information Service, notice of it will normally be entered on the day list immediately following its lodgement. If an application is lodged through Business e-services, Business Gateway or the National Land Information Service on a day that is not a business day, notice of it will be entered on the day list on the next business day.

Where a paper search is lodged during a business day, notice of it will be entered on the day list on the same day if we receive it before 12 noon or on the same day or the next business day if we receive it at or after 12 noon.

Priority under an official search ends at midnight marking the end of the 30th working day after the day on which the official search application was received (rule 131 of the Land Registration Rules 2003). The definition of working day and business day (rule 217) are slightly different.

To obtain the priority conferred by the official search certificate, the application to register the protected disposition (and any other dealing upon which that disposition is dependent) must be entered on, or deemed to have been entered on, the day list before midnight on the 30th working day. To ensure that this is the case, you must deliver the application by noon on the date when the priority expires and it must, in due course, be completed by registration.

The following is an example of how the priority period provided under an official search certificate with priority takes effect.

Day	Time	Nature of application	Effect
1	10:29	Official search with priority to protect a transfer for value	Priority period commences
6	11:31	Transfer not for value	The application will be held over until either the application to register the transfer for value is lodged or the priority period under the official search expires or the official search is withdrawn under rule 150, of the Land Registration Rules 2003.
30	11:59	Protected transfer for value	This application will take priority over the application lodged on day 6 because of the priority period given by the official search lodged on day one. Priority is guaranteed because the application was lodged before 12 noon on day 30 and is, therefore, guaranteed to be entered on the day list before midnight, which is when the priority period expires.
			Note: An application lodged after 12 noon on day 30 may still be entered on the day list before midnight in which case it will get priority under the official search. However, there is no guarantee that it will be entered on the day list before midnight in which case it will not get priority.

5.3 Effect of priority

An official search with priority grants priority to the protected registrable disposition over other registrable dispositions, rights, interests or matters that have not been entered on the day list before the official search with priority and are not themselves protected by an earlier official search with priority (if capable of being protected by an official search). If the protected application is dependent upon an earlier registrable disposition, that earlier disposition will also benefit from the protection afforded by the official search certificate if it is also lodged within the priority period, and is, in due course, completed by registration. For example, where the disposition is on sale and the purchase money is raised with the help of a charge, you may not need to lodge two searches. In this situation an official search obtained on behalf of the chargee will provide protection, not only for them but also for the disponee, as the registration of the charge is dependent on the registration of the disposition. This also applies where the official search certificate was issued in respect of a first registration of title application that is subsequently completed by registration as to the whole or part of the estate comprised within the application.

An application protected by an official search with priority will have priority over an application protected by another official search with priority, in respect of the same registered title or charge, where the first search is deemed to have been delivered before the second one. See Priority of applications for more information.

If the completion of the disposition is delayed to an extent likely to preclude the delivery of the application for registration within the priority period, a second search application may be made, whether the priority period under the first official search certificate is still subsisting or has expired. The issue of the second official search certificate will not operate to extend the priority afforded by the first. It will provide a second priority period. The second official search certificate will not provide priority over any application lodged before its priority period commences.

6. Sub-dispositions or re-dispositions

This section includes sub-sales, re-sales and sub-charges.

The procedure you should adopt to prove title will depend on whether the disposition is of whole or part and whether the title is registered or the subject of a pending first registration application. Sub or re-dispositions of a pending first registration title explains further what you need to do where the title is the subject of a pending first registration application.

6.1 Sub or re-dispositions of whole

Where A disposes of the whole of their estate to B who contracts to dispose of the estate to C before the registration of the disposition to B has been completed, B will not be able to prove their title to C by providing an official copy of the register.

It is not usually necessary for B to ask HM Land Registry to complete the registration or to delay negotiations with C because you can verify B鈥檚 title by:

• getting an official copy of A鈥檚 registered title from B
• applying for a form OS3 non-priority search of whole on receipt of the official copy. The official search certificate will contain the information detailed in Official search certificates, including the basic details of the pending application to register the disposition to B
• getting a copy of the dispositionary document in B鈥檚 favour from B.

Just before completion of the disposition to C, you should apply for an official search of whole with priority to secure the priority period for the registration of the disposition to C.

Note: An OS3 non-priority search may not be necessary if you already know the details of the pending application to register the disposition to B.

6.2 Sub or re-dispositions of part

Where A disposes of part of their estate to B who contracts to dispose of that estate to C before the registration of the disposition to B has been completed, B will not be able to prove their title to C by providing an official copy of the register. It is not usually necessary for B to ask HM Land Registry to complete the registration or to delay negotiations with C because you can verify B鈥檚 title by:

• getting an official copy of A鈥檚 registered title from B
• applying for a form OS3 non-priority search of part of A鈥檚 registered title on receipt of the official copy. The official search certificate will contain the information detailed in Official search certificates including the basic details of the pending application to register the disposition to B
• getting a copy of the dispositionary document in B鈥檚 favour from B

Just before completion of the disposition to C, you should, to secure the priority period for the registration of the disposition to C, apply for an official search with priority of whole (form OS1) or part (form OS2) as appropriate of the title allotted to the disposition in favour of B. You should search from the date of the official copy of A鈥檚 registered title that you have already obtained.

Note 1: An OS3 non-priority search may not be necessary if you already know the details of the pending application to register the disposition to B.

Note 2: If the application to register the disposition in favour of B fails, your official search will also fall and you will not have any protection for the registration of the disposition in favour of C. In these circumstances you should apply for an official search with priority of part (form OS2) of A鈥檚 registered title using the official copy of A鈥檚 registered title that you have already obtained as the search from date.

6.3 Sub or re-dispositions of a pending first registration title

In the situations described in Sub or re-dispositions of whole and Sub or re-dispositions of part, if A is the applicant for first registration, a registered title will not exist and, therefore, you will not be able to obtain an official copy of the registered title. To satisfy yourself as to the validity of the title you should:

• get and examine copies of A鈥檚 documents of title. B should have been able to inspect these in connection with the disposition to them
• get a copy of the dispositionary document in B鈥檚 favour

If, just before completion of the disposition to C, the first registration application has not been completed, you should apply for an official search with priority of whole or part, as appropriate, of the pending first registration title. You will then secure the priority period for the registration of the disposition to C. If the first registration has been completed by registration, follow the procedure described in Sub or re-dispositions of whole and Sub or re-dispositions of part, as appropriate.

7. Discontinuous leases (time share)

A discontinuous lease is a lease granted for a term under which the tenant鈥檚 right to possession is discontinuous, i.e. each tenant is entitled to occupy the property for a specified period. For example, the tenant may be entitled to occupy the property for a specific week every year for a certain number of years.

The type of official search you should apply for will depend on whether the discontinuous (time share) lease is in respect of the whole or part of the property.

If, for example, the lease is in respect of the whole extent of a country cottage, you should apply for an official search of whole. However, if the lease is in respect of, for example, a flat within a block of flats, you should apply for an official search of part. You will have to provide the information and, where appropriate, the documents as explained in the appropriate sub-paragraph of Information and details you must provide.

You must, as part of the address or description of the property to be searched, quote the time period concerned. You should do this by using the same term that will be used in the lease and based upon any calendar that the development has agreed to use. If you are lodging your application via portal, please select 鈥榊es鈥� in the 鈥楾imeshare鈥� section and complete the 鈥楾ime Period demised鈥�.

If you are lodging a paper application, please include the term after the description of the property, for example 鈥楩lat 9, Beachfront Court, Cliff Way, Babacombe, Devon - week 32 commencing on Saturday.

The official search certificate will only grant priority for the application to register the disposition in respect of the specified time period.

See practice guide 25: leases - when to register for further information.

8. Withdrawal of an official search

If you have lodged an official search with priority that you no longer need, and you do not intend to lodge the protected disposition for registration within the priority period of the official search, please withdraw it under rule 150 of the Land Registration Rules 2003. This means that any other application lodged within the priority period of the official search will not have to be held over to await expiry of the official search.

For business customers there is a 鈥榃ithdraw Official Search with Priority鈥� option within 鈥業nformation 天美影院鈥� in our online transaction channel, the portal. Alternatively you can withdraw the search in writing. This can be by email, letter or by endorsing the search result certificate that you wish to withdraw the official search under rule 150 of the Land Registration Rules 2003. If you received the result in an electronic format there is no need to return this with your written request. You need to enclose the original result certificate only if this was issued in a paper format. We will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.

9. Fees

The fee(s) payable for official searches are prescribed by the current Land Registration Fee Order, see HM Land Registry: Information 天美影院 fees.

10. Indemnity

A person who suffers loss as a result of a mistake in an official search may be able to make a claim for indemnity for that loss. Further information about indemnity under the Land Registration Act 2002 is set out in practice guide 39: rectification and indemnity.

11. Things to remember

Before sending your application make sure you have:

• used the correct form

• quoted the correct title number - check the registered proprietor and property description

• submitted searches against all title numbers affecting the protectable disposition

• given as full a description of the property as possible, including postcode

• enclosed a plan if necessary which shows the precise extent of the property by suitable colouring/edging

• shown sufficient detail on the plan to be identified on the Ordnance Survey map

• given the floor level, for example where the search is against a flat or maisonette

• given the estate name and plot number, where you are searching against a property on a new development

• quoted the latest approval date of the EPA (Estate Plan Approval) if appropriate

Please note that HM Land Registry may be unable to process applications that are incomplete or defective.