Priority period of an official search of registered land (OS1)
A solicitor acts for a buyer of a registered freehold house, with a mortgage. Before completion she applies for an official search of the whole of the title with priority (form OS1), and the result reveals no adverse entries. Completion takes place a week later.
Which of the following best describes the protection the official search gives the buyer?
Choose one answer to see the reasoning.
Worked answer
Correct answer C: If the buyer's application to register reaches the Land Registry by the end of the 30th working day after the search is entered on the day list, it takes priority over intervening entries.
THE RULE TO REMEMBER
An official search with priority protects a buyer who applies to register within 30 working days of the search application being entered on the day list.
Priority period of an official search of registered land (OS1)
Under rule 131 of the Land Registration Rules 2003, the priority period begins when the application for an official search is entered on the day list and ends at midnight marking the end of the thirtieth working day afterwards. If the buyer (and lender) lodge their application for registration within that period, it takes priority over any entry made on the register during the period. The buyer's solicitor must therefore diarise the end of the priority period and apply to register before it expires.
Why A is wrong: The period runs in working days from when the search application is entered on the day list, not calendar days from completion.
Why B is wrong: Entries can still be made on the register; they are simply postponed to the searcher's application if that is lodged in time.
Why D is wrong: The period does not run from exchange.
Why E is wrong: The OS1 search is a registered-land search; unregistered land uses a Land Charges Department search with its own protection period.
That's today's practice done. Another featured question tomorrow.
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A GOOD HABIT, DELIVERED
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