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Conveyancing Forms Notes

LPC Law Notes > Property Law and Practice Notes

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Application by Purchaser for official search with priority of the WHOLE of the land pending first registration
 Purpose: Update knowledge of title from previous search, ensure there are no new incumbrances - search against title number
 If taking out a Mortgage:
o Panel 8 - must search in name of the lender if the buyer is buying with the aid of a mortgage

Panel 9 - check "take a registered charge"
o * Searching in name of lender protects lender and buyer from new incumbrances
 If cash buyer:
o Panel 8 - buyer's name only

Panel 9 - check "purchase" in first box
Results of OS1 Search
 Get OS1R back and have 30 working days from then to be protected from adverse registrations
 The Buyer must:

1. Complete

2. Pay SDLT

3. Apply to register
 Priority Period [PP] acts as a 'shield' over the land to prevent others from registering interests over the land.
 Although B's solicitor can renew OS1 search, if another party had submitted an adverse registration during the PP of the previous OS1 search, this now takes priority over new search.
Adverse Matters revealed by Pre-Completion Searches
Post-exchange requisitions barred [SC 4.2.1/ SCPC 7.2.1]
o BUT: S can only rely on bar if he has disclosed and acts in good faith -
can't be relied on if in breach
If a new incumbrance comes up post-exchange, bar doesn't apply [SC 4.2.2/ SCPC 7.2.2] - S
should have disclosed, so is in breach of SC 3.1/ SCPC 4.1

In these circumstances, B & S must follow set timetable [SC 4.3.1/ SCPC 7.3.1]
The Transfer of WHOLE of Registered Title
Panels 4 & 5
 Transferor = seller, Transferee = buyer
 Include Co. registered no. here if applicable
 Do NOT include addresses here
Panel 6
 Address to which Buyer will want docs sent in the future
Panel 8
 Price of land only (not contents)
 If VAT is payable, include in this figure
Panel 10
*Leave blank if sole buyer.*
If more than one buyer:
 1st box if JTs
 3rd box if:
 2 box if TiCs - LR will automatically enter

TiCs in unequal shares the restriction on the Proprietorship

Partnership Property

Trustees holding for 3rd parties

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