Part 5 Searches of HM Land Registry records

October 2003

50.49 HM Land Registry Portal

(Amended July 2013)

The Land Registry portal offers instant access to Land Registry information and for the electronic submission of Land Registry applications.

To access the information held on the Land Register the full address of the property is required. Where the full address details are not known the official receiver should continue to use the paper/postal system (see below)For guidance on the use of the Land Registry Portal and the electronic Document Registration Service (e-DRS) see Part 8.

 

50.50 Use of HM Land Registry forms

The HM Land Registry forms used by the official receiver can be downloaded from the HM Land Registry website, www.landreg.gov.uk. Photocopies of such forms are not acceptable. When using any HM Land Registry form, the title number of a specific property should be quoted whenever it is available. Where the title number is not known, the application should be marked in capital letters at the top ‘PLEASE SUPPLY THE TITLE NUMBER’. An additional fee may be payable for this service. The current fees are outlined in the Land Registration Fees Order 2009, which took effect from 6 July 2009. The most commonly used forms are described in the following paragraphs.

 

50.51 Public inspection of application forms - HM Land Registry Form CIT

The LRR2003, rule 140 sets out the right of the official receiver, named in Schedule 5, LRR2003, to inspect and obtain copies of documents, or to make a search of the Index of Proprietors' Names in connection with insolvency proceedings. Application forms for official copies of records or documents held by LR are themselves open to inspection. The official receiver must staple or permanently attach Form CIT (Application in connection with court proceedings, insolvency and tax liability) to all applications for inspection and copies of documents or the search of the Index of Proprietors' Names made to the LR. Certificate K in Part 2 of Form CIT must be completed and signed by the official receiver, failure to complete this part of Form CIT will lead to the LR not being able to process the application. Form CIT and any other form attached as part of the application are not open to public inspection. If Form CIT is not attached to any application then LR is under a statutory obligation to issue official copies of any application form the official receiver uses.

 

50.52 Transitional provisions

(Amended June 2010)

No longer available

 

50.53 Search for specific land, Business e-services portal

(Amended June 2010)

If the official receiver wishes to effect a search against specific property, the best method of obtaining this information from the Land Register is to use the Land Registry e-business services portal to obtain a title view by property description. Alternatively application can be made using the HM Land Registry Form OC1 (Application for official copies of register/plan; a certificate in Form CI). The official receiver will receive a copy of the register entries relating to a property and /or a copy of the title plan. Form OC1 should be sent to the relevant Land Registry office in whose area the property is located (see Practice Guide 51 issued by HM Land Registry for a list of the District Registries and the areas which each Registry covers). Form OC1 must be attached to Form CIT with the second tick box in Part 1 of Form CIT ticked. If the official receiver is in any doubt regarding the boundary of an area dealt with by a Land Registry office he/she should contact, by telephone, the Land Registry office which he/she believes deals with the area in question before despatch of the form. One form is required for each registered title to be inspected.

 

50.54 Fee payable for specific search

(Amended October 2012)

A fee is payable for a search of the register relating to specific land in accordance with the current Land Registration Fees Order [Note 1]. Details of all current fees can be obtained from www.landreg.gov.uk. The fees should be charged to the variable direct debit account with HM Land Registry and charged to the estate, if appropriate. All HM Land Registry forms should contain a clear reference to which estate it refers to in order that the invoice from HM Land Registry can be easily reconciled with the appropriate estate if necessary. Standard searches are not charged to the estate.

 

50.55 Information provided where search of specific property made [Form OC1]

If a search using Form OC1 is made, the Chief Land Registrar will provide an official copy of the entries in the Land Register relating to the specific property. The document states the title number of the property and is split into three parts:-

  1. property register - this reveals whether the property is freehold or leasehold and gives the full postal address of the property.
  2. proprietorship register - this states the nature of the title (e.g. absolute) and provides the name and address of the legal owner. The date of registration of the current owner is also given. Details of any restrictions on the owner’s power to sell, mortgage or deal with the property are provided.
  3. charges register - this details the charge(s) against the property providing the date(s) the charge(s) were registered and the details of the chargee(s). The name(s) and address(es) of all current registered chargees or cautioners is provided in their order of registration (which does not necessarily govern their order of priority).

 

50.56 Search to ensure registration against specific solely owned property

Where the official receiver becomes aware of specific land in the sole name of a bankrupt he/she should effect a search of the register of the relevant title at the relevant District Registry using Form OC1. If the official copy of the proprietorship register or charge(s) register records a bankruptcy restriction, i.e. the property is solely owned, then the official receiver need take no further action regarding the registration with HM Land Registry

 

50.57 Request for registration against specific solely owned property

If the official receiver’s enquiries reveal that there is no record of the bankruptcy proceedings, i.e. the bankruptcy restriction has not been registered, on the Register of Title for a property or land solely owned by the bankrupt, he/she should first ensure that the LCD has been notified of the bankruptcy order and if Form 6.26 (LRRABO)has not been despatched, it should be sent immediately.

This may be necessary where the bankrupt has a common name. In this situation the official receiver should send an office copy of the bankruptcy order, with Form LRRABO, to the relevant Land Registry office requesting registration of a bankruptcy restriction against the title(s) of the bankrupt. An acknowledgement should be obtained.

 

50.58 Application for copies of documents  

If the official receiver wishes to obtain a copy of a document which is referred to in the register and is publicly available under the LRA2002 section 66, he/she should use HM Land Registry Form OC2 (Application for official copies of documents only). Form CIT must be attached to Form OC2 with the third tick box in Part 1 of Form CIT ticked. Full details of the documents requested must be specified on the form. A fee is payable for copies of documents held on the register in accordance with the current Land Registration Fees Order (see paragraph 50.50). If, exceptionally, the official receiver wishes to make a personal inspection of the register, he/she should use HM Land Registry Form PIC (Application for a personal inspection under s66 LRA2002). Form CIT must be attached to Form PIC with the first tick box in Part 1 marked. The official receiver should let the LR know what documents are required for inspection and arrange an appointment to visit. A fee is payable in accordance with the current Land Registration Fees Order (see paragraph 50.50).

Notes: Personal inspection of documents [HM Land Registry Form PIC] [HM Land Registry Form OC2, LRA2002, s66] 



 

50.59 Search of documents not on the Register

A specific search of the proprietorship register or charges register will only reveal the current proprietors of the land or charge(s). The Chief Land Registrar keeps the original applications or documents, which led to entries on the Register of Title, from the date of registration of the property. Where the official receiver is suspicious of a specific transaction, he/she may request a search for details of the previous proprietors and/or charges of a specific property. The official receiver must make application using Form HC1 (historical copies of the register or title plan) to the relevant District Registry for details of the previous proprietors and/or charges. Form CIT must be attached to Form HC1 with the fourth tick box in Part 1 marked. A fee is payable for this type of search in accordance with the current Land Registration Fees Order (see paragraph 50.50). Dates, title numbers and as much other relevant information as is available should be provided to the relevant District Registry when making such a request.

This search will reveal the previous proprietors and chargees, if any, and thus may reveal any disposal of land by a company or bankrupt. This would place the official receiver on inquiry as to whether the disposal constituted a conveyance for adequate consideration, was a gift or a preference transaction.

The official receiver, if requesting copy documents not on the current register, should ensure that the request is reasonable as the Chief Land Registrar will be reluctant to provide copies of large quantities of documents and the fees may be substantial.

Notes: [HM Land Registry Form HC1]



 

50.60 Search of Index of Proprietors’ Names

The Index of Proprietors’ Names is not part of the Open Register. Under the LRR2003, rule 140(2)(c) the official receiver may apply for a search in the index of proprietors' names in respect of the name of a person specified in the application. Whenever the official receiver requests a search of the Index of Proprietors’ Names and/or the inspection of documents he/she should use HM Land Registry Form PN1 (Application for a search in the Index of Proprietors' Names). Form CIT must be attached to Form PN1 with the seventh tick box in Part 1 marked. Where the official receiver is using this form for one of the above reasons, he/she can also use it to inspect those titles revealed by the search of the Index of Proprietors’ Names and/or of one or more other properties on payment of the additional fee.

Notes: [HM Land Registry Form PN1, LRR2003, r140(2)(c)] 

 

50.61 Procedure to effect a search of the Index of Proprietors’ Names

The official receiver should state on the form the name, where known, of any spouse of a bankrupt which will assist the Chief Land Registrar in identifying any jointly owned property. Form PN1 should clearly show the official receiver’s case reference number, together with the name and telephone number of the member of

staff to be contacted by HM Land Registry in the event of a query regarding the request for information. The official receiver should forward the request for a search of the Index as follows:-

  1. where the search is limited to counties served by only one Land Registry office, to that office;
  2. in any other case to HM Land Registry, 32 Lincoln’s Inn Fields, London WC2A 3PH, whether or not a specific search is also requested.

 

50.62 Fee payable on search of Index of Proprietors’ Names

A fee is payable for each name searched in the Index of Proprietors’ Names (see paragraph 50.50) which should be charged to the appropriate estate. If the search is absolutely necessary a debit balance may be incurred.

 

50.63 Information provided where search of Index of Proprietors’ Names is made

A search using Form PN1 will reveal registered land or charge(s) in which the bankrupt or company appears, to the Chief Land Registrar, to have a sole or joint interest. If copies of the Register of Title are requested an additional fee is payable and on payment the copies will be provided. Before obtaining copies of the Register of Title entries the official receiver should consider the likelihood that the land or charge(s) indicated comprise part of the estate. This will avoid unnecessary expense. If the official receiver is satisfied that they do form part of the bankrupt’s estate he/she should follow the procedure outlined in paragraphs 50.56 to 50.57 to protect land or charge(s) in which the bankrupt has a sole interest and paragraphs 50.35 to 50.37 for jointly owned land. Where any property comprises part of a company’s estate the official receiver should seek to protect it without delay, e.g. notify mortgagees of the official receiver’s interest or take possession of the title deeds etc.

 

50.64 Other searches affecting unregistered property

A search of the LCD at Plymouth may be made using Land Registry Form K015. This facility should only be used if one of the circumstances outlined in paragraph 50.17 is applicable. A fee per name is payable. The search may indirectly indicate that the company or bankrupt is or was the owner of unregistered property, e.g. it could reveal a second or subsequent legal charge or an entry to protect restrictive covenants. It should be noted that unregistered land may be owned even though the Land Charges search reveals no entries, e.g. where it is unencumbered in which case details of the land are not known to HM Land Registry.

An office copy of the actual entry, based upon the application for the entry, may be obtained by the submission of Form K019 to the LCD. A further fee is payable (see paragraph 50.50).

Note: [HM Land Registry Form K015 and K019]

 

50.65 Additional searches in company liquidation  

Where the official receiver is dealing with a company in liquidation he/she should carry out a search at Companies House. The Register of Charges filed at Companies House, which should have been maintained by the company, should be inspected for details of any charges created.

Note: [Companies Act 2006, s860 and 869]

 

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