Land Registry noticePractice change - extension of real time priorityThe Land Registration (no 3) Rules 2000 were made on 6 December 2000.
They will extend real time priority (RTP) to all searches - however they are lodged - and all substantive applications received after 28 May 2001.
These changes will enable applications to be added to the day list throughout the day and all applications will take priority from the time that they are entered on the day list.
This change means that as from28 May priority searching can begin as soon as direct access services and telephone services open each day.Detailed guidance on the procedures and transitional arrangements will be published at the end of April.
Solicitors should take note of the following key changes taking effect from 28 May 2001:l In practical terms, there will be no significant change to the procedures for lodging applications protected by priority searches - they must still be received during the priority period but by 12pm rather than 9.30am on the last day of the period.
Applications protected by any searches that will expire on or after the 29 May 2001 will be protected if received by12pm.l Credit account holders will be able to deliver applications for dealings with the whole of land in a registered title, not capable of protection by a priority search by an outline application lodged by telephone or through direct access services.l If an application is lodged by outline application, the supporting papers must be lodged, quoting the allocated reference number, within four working days if the application is to take effect from the date of the outline application.
The fee for an outline application will be 2 by Land Registry direct/direct access or 4 by other means in addition to the fee normally payable on the application.l Forms AP1, CN1, CT2, DS2, WCT, MH1 and MH2 will be amended to include a panel for the allocated reference number.
The forms unit will write to any solicitors who have received approval for use of in-house versions of any of the above forms.
Old versions of the forms cancontinue to be used for any application lodged after 28 May 2001 as long as any reference number is written in.l The Land Registry will in future be able to update registers on the day that the application is received, and more than once in a day if necessary.
Therefore, the registry will issue office copies marked with both the date and time.
The time will be important because it will be possible fordifferent versions of the register to exist on the same day.l Search results will be based upon changes made since the start of the search from date - no search from time will be requested.
However, search results will quote a date and time.
The date and time the register was last updated will also be shown on the day list.l Forms 94A, 94B, 94C, MH1 and MH2 will change their format to match our new on-line internal drafting system.
Solicitors will see a consequential change to the form of the result of these searches.
Form MH3 and its result will also change format and will include details of pending applications to enter matrimonial home rights notices on the title.Comments or queries arising from the above should be addressed to Linda Chamberlain at Land Registry Headquarters, Lincoln's Inn Fields, London WC2A 3PH; DX: 1098 London/Chancery Lane WC2.
Fax: 020 955 0110.
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