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Definition :

Searches, an essential feature in the acquisition of land sine registration under the (English) Land Charges Act, 1925, in the land or local registries of any incumbrance which is required to be registered under that Act is notice (q.v.) to the purchaser and all persons connected with the land affected [see s. 198, (English) Law of Property Act, 1925, and see (English) LAND CHARGES]. Searches are necessary, not only in the Land Registry, but at the office of the local authority for local land charges. Searches may be made personally in each of the registers under the (English) Land Charges Act, 1925, but the usual practice is to apply for and obtain an official certificate of search at the Land Registry, which covers all the registers there, viz.: (1) pending ss. or lis pendens; (2) writs and orders affecting land, such as writs of execution or orders appointing a receiver, bankruptcy petitions and receiving orders; (3) deeds of arrangement; and (4) land charges under s. 10 of the (English) L.C. Act, 1925 (see those titles). The certificate is good against any charge registered between its date and comple-tion of purchase if the purchase is completed within two days [(English) L.P. (Amendment) Act, 1926, s. 4; see also PRIORITY NOTICE]. At the Land Registry the application for search must be made in the separate and respective names of each beneficial or estate owner affected during the period required for registration. For local land charges, on the other hand, registration is made against the land affected and the danger of an accidental omission of the name of an interim owner or incumbrancer is avoided. For depart-mental reasons against this practice at the Land Registry, see an article by the (English) Chief Land Registrar in 1931, Sol. Jo. 769. Searches against land registered under the (English) Land Registration Act, 1925, are not necessary as a rule, the subject-matter being entered on the register (but see REGISTRATION) except for the local land charges, which are not covered by this Act. Searches against companies for mortgages or charges for securing money may be made at Somerset House under the (English) Companies Act, 1929, s. 79, and see (English) Land Charges Act, 1925, s. 10 (5) but the Somerset House Register does not effectively protect registered land (see REGISTRATION OF TITLE). As to searches at the Yorkshire and Middlesex Deeds Registries, see (English) Law of Property Act, 1925, s. 11, and see, generally, a valuable dissertation on the subject in Part III., ch. I., Wolst. And Ch. Conveyancing Statutes. See also (English) Land Charges Rules, 1925; S.R. & O., 1925, No. 1096 L. 29; and 1926, 737/L.20; also, and the (English) Land Registration Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 26), closing the Middlesex Deeds Registry and closing the Middlesex Deeds Registry and enacting that no search shall be made therein except by the Chief Land Registrar and his officers; and NOTICE. In the proper cases, searches should also be made at the Central Office for deeds enrolled there, or the Record Office if not kept at the Central Office, such as disentailing deeds, etc. Searches in the general sense of the word does not absolve the party from making the usual prudent inquiries as to tenancies, over-riding interests (q.v.) in regard to registered land, etc., or inspections before purchase, or for tithe annuities. See TITHE.