CPD Zone
Main Menu
Mini Guides
Recommended Articles
ASBO
Land charges - the basics Print
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).  © Practical Lawyer

October 2006
Username:

Password:


Subscribe now
Case Links
Click here for Searches & Enquiries Weblinks
Your Law Guide

Searches/enquiries Weblinks

Local Searches
Land Charges
Utilities
Coal Mining
Enquiries
Land Registry searches
Title insurance
Other
What's on this site | Contact us | Terms & Conditions | My Account