Carrying out bankruptcy searches at the Land Charges Department

The following Property practice note provides comprehensive and up to date legal information covering:

  • Carrying out bankruptcy searches at the Land Charges Department
  • Introduction
  • When is a bankruptcy search required?
  • Acting for a lender
  • Transactions at an undervalue
  • Purchasing from a bankrupt registered proprietor
  • How to carry out a bankruptcy search
  • Registers searched
  • Applying for the search
  • Timing of the search
  • More...

Carrying out bankruptcy searches at the Land Charges Department

Introduction

This Practice Note looks at the circumstances in which a bankruptcy search under the Land Charges Act 1972 (LCA 1972) should be made in the land charges register which is maintained by the Land Charges Department of HM Land Registry at its offices in Plymouth. It is a completely separate register to that maintained by HM Land Registry for substantive title registration.

Comprehensive searches of the land charges register will be required when unregistered land is being conveyed, leased or mortgaged. See Practice Notes: Land Charges—registration and purpose and Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations.

A bankruptcy search, on the other hand, will be required in respect of both registered and unregistered property in the situations outlined below. (In cases concerning unregistered land, the bankruptcy search may be made as part of the same application for a comprehensive land charges search.)

This Practice Note does not deal with searches which may be required to establish the solvency or otherwise of a company; these are dealt with in Practice Notes: Pre-contract searches, Pre-completion searches and Companies—reviewable transactions—Property.

When is a bankruptcy search required?

A bankruptcy search will be required in respect of both registered and unregistered property in the following situations.

Acting for a lender

Where a lender proposes to enter

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