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Adflow Marketing - Land Registry Search Service GLOSSARY OF TERMS & ACRONYMS
OFFICIAL COPIES OF THE REGISTERUnder s.67 of The Land Registration Act (2002) an official copy of the register is admissible in evidence to the same extent as the original. We provide official copies of registers including DAY LIST information neither of which is available on the L.R. public site.The register will show the name and address of the legal owner but not necessarily the owner's current address. If the property is owned by a company, it will show the address of that company's registered office and if owned by a non-national then will show a 'care-of' address. If the property has changed hands since April 2000, in many cases the register will show the consideration; i.e. the price paid (or value stated).
PRICE PAID INFORMATIONSince April 2000 the registrar has been under a statutory obligation (in most cases) to enter 'price paid' information in the register when an application is received at the registry to enter a new proprietor. There is no provision for a proprietor to ask for this information to be withheld. However, the registrar does have a discretion to omit the information where the price paid information could be misleading. For instance, where the property is transferred from husband and wife to wife for half of the value of the property the 'consideration' would not be recorded. Of course there are many cases where a property changes hands 'not for money or anything of a monetary value' and again this will not be recorded on the register. In some complex transactions where the purchase price of the property is not readily apparent, the registrar has a discretion to omit the information. (For further information see Land Registry Practice Guide #7)We can provide a document to show the 'consideration' in any case where the information has been omitted and, indeed, for properties that changed hands before April 2000.For More Info See 'Transfers'- Click this Link
DAY LISTThe 'Day List' is a computerised record of pending applications that could affect a title. Official searches with priority - allowing conveyancers thirty days to complete the particular registration - are recorded here and often give advance warning of a sale/purchase or mortgage.We search the Day List as a matter of course and advise clients of any entries. The facility is not available on the LR public site. We make no extra charge for this service. SIM APPLICATIONSA SIM (Search of the Index Map) application is a request to the Land Registry to check the 'Index Map' and determine whether or not a property is registered and report all Title numbers that affect the property. The SIM result wil also reveal any applications for first registration that affect the land searched.UNREGISTERED PROPERTY & COMPULSORY REGISTRATION DATESAll of England and Wales is now covered by compulsory registration provisions although the trigger date varied from area to area. For example, Tower Hamlets in London has been a compulsory registration area since 1899 but Babergh only since 1990. Whenever a property changes hands for value (and latterly by sale, gift or is first mortgaged) after the compulsory registration date, then by law it has to be registered at HM Land Registry. Of course there are still millions of freeholds still unregistered, not only Crown holdings, local authority housing stock, and the like but many in private hands. The SIM application will reveal if the property is unregistered and if there is a pending application for first registration. If unregistered, it can be safely assumed that it has not changed hands since the compulsory registration date for the area. Our service includes supplying the compulsory registration date for any property found to be unregistered.First a quick note on what 'unregistered' means. Or what it does not mean. It does not mean that is 'unowned'! We've all seen these advertisements for expensive booklets on how to claim 'free land' and they seem to perpetuate the idea that because land is unregistered, nobody owns it and it is up for grabs. There is no logic to this as all land is owned by someone. All it means is that the owner of the land has not made an application to the land registry for voluntary registration and has not been subjected to the compulsory registration provisions. Of course, land and property can be claimed by 'Adverse Possession' - (squatter's rights) - but this is the case whether or not the land is registered and it is a long and complicated process. 'Possession' does have to be 'adverse' and for long periods of time. Registration does afford a proprietor a certain amount of protection, which probably gives rise to some of the outlandish claims made for 'unregistered' property in these booklets. (For further information see LR Public Guide #16 and LR Practice Guide #10) See All Compulsory Registration Dates
INDEX MAP PLANS (IMP)Not to be confused with the title plan which shows the extent of the registered title, an IMP is sometimes provided by the L.R. to accompany the SIM result. It is for illustrative purposes only, showing the extent of the land searched, but not necessarily the extent of the title.TITLE PLANSWhen a property is first registered, the L.R produces a title plan based on the Ordnance Survey map at a reasonable scale for the general boundaries to be identified - usually 1:1250 (Urban) and 1:2500 (Rural). The general boundary of the land in the title is usually edged in red and the title plan should be read in conjunction with an official copy of the register which may explain any other colouring or markings on the title plan. Whilst OS update their plans regularly, the L.R. does not update title plans just because buildings on the land have been altered. For example, a title plan produced in 1968 may well show a large woodland area whereas it is now part of a shopping Mall. It is as well to remember that the land edged on the title plan shows only general boundaries and if you need your title plan in the hope of settling a boundary dispute it may be as well to look at Land Registry Public Guides #6 & #7 before ordering.HISTORICAL COPY OF THE REGISTERUnder the new rules, the land registry will provide a previous copy of the register as long as it is held in electronic form. The computerisation process started around 1993 but this does not rule our much older editions. For example, if a property was purchased and registered in 1986 and not sold until 1995, the chances are that the register would have been computerised and thus satisfies the condition. Please telephone to discuss your requirements.Get More Information MORTGAGES AND CHARGESUnder the new rules we can apply to see details of a registered lease or charge. This applies to first mortgages, second charges, equitable charges created by the court etc. Note: The deed signed by the borrower may not show the amount borrowed especially in the case of a first charge where expressions like '...total amount owed....' etc. are used. Please telephone to discuss your requirements.EXEMPT INFORMATION DOCUMENTSUnder the Land Regiatration Act 2002 (LRA2002), the land registry will accept applications to ‘exempt’ documents from the general right to inspect. Other documents will be automatically exempted by law. In the first case applicants will need to show that they are affected or likely to be affected by the ‘prejudicial information’ in the document."Prejudicial information" is defined as: a) information that relates to an individual who [has applied for the document to be designated an exempt information document] and if disclosed to other persons (whether to the public generally or specific persons) would, or would be likely to, cause substantial unwarranted damage or substantial unwarranted distress to the applicant or another; or(b) information that if disclosed to other persons (whether to the public generally or specificpersons) would, or would be likely to, prejudice the commercial interests of the applicant .... Application to exempt a document is made on Form EX1 (giving details of the applicant) and Form EX1A (stating reasons why the document should be exempted). The LRA2002 makes almost any document associated with the conveyancing process available for inspection. However, on its application forms the L.R. specifically rule out 'fishing trips'. The land registry will not accept applications for “all documents” or “any documents relating to.....”. So we will have to be specific when ordering a document that does not appear in the register; furthermore it follows that we must have knowledge of its existence to be specific. No problem for transfers and the like but more difficult if you require copies of correspondence. Please bear this in mind when ordering. Further information can be found in the Land Registry Practice Guide 57 (LRPG057)
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