|
Land charges - the basics |
|
A reminder of how a K15 land charges search operates. It is, of course, only
relevant to unregistered land:
- the search is made against the names of the estate owners (not against
the land). This must be all estate owners whose names appear on the
abstract or epitome of title – including those who are merely referred to
in the bodies of deeds, or in schedules to deeds. Make sure that the
names searched against are exactly as they appear in the deeds (and if
someone is referred to by more than one variant of their name then
search against all those variants);
- you need only search against a name for the period during which that
estate owner owned the land. If that period is unknown (eg when
searching against the person who was the seller in the document forming
the root of title) then search back to 1926;
- if there is a voluntary disposition on the title which is, at the date of the
contract, less than five years old then you also have to search against the
donor’s name (for a period up to and including the fifth year after the date
of the voluntary disposition). This is to check that the donor did not go
bankrupt in that period (in which case the gift etc could be set aside);
- if the estate owner has died, you still need to search after the date of
death (because a land charge can be registered against a deceased
owner);
- the purpose of giving an address on the form is to cut out the number of
unrelated search results. But, check that you include all former
descriptions of the property (and also a former county if the postal
address has changed). LR Practice Guide 63 gives guidance on the
names of counties;
- the certificate of search gives a priority period of 15 working days – but
completion must take place during the priority period. You cannot extend
the priority period (ie you have to do a new search).
Source: The Law Society’s Conveyancing Handbook (13th edition; £79.95).
|
|
October 2006 |