Official searches.

(u) Lane v. Jackson, 20 Beav. 535.

(x) Procter v. Cooper, 2 Drew. 1, 18 Jur. 444; affirmed, 1 Jur. N. S. 149. Having regard to the provisions of stat. 45 & 46 Vict. c. 39, s. 2 (3), stated below, as to the certificate of the result of an official search being conclusive, negatively, it seems that a purchaser will not, by merely directing an official search to be made, be affected with notice of any entries not appearing in the certificate.

(y) See above, pp. 597 - 600.

(z) Cooper v. Stephenson, 16.Jur. 424, 21 L. J. Q. B. 292; Sug. V. & P. 547; Elphinstone & Clark on Searches, 4, 5; Dart, V. & P. 454, 455, 5th ed.; 522, .323, 6th ed.; 1196, 1197, 7th ed.

(a) Stat. 45 & 46 Vict. c. 39, s. 2.

(b) Stat. 51 & 52 Vict. c. 51, s. 17.

(c) See the two previous notes.

(d)Elphinstone & Clark on Searches, 166 168.

(e) Above, p. 604.

(f) See Wms. Conv. Stat. 479 sq,; Wolstenholme's Conveyancing and Settled Land Acts. 159 sq. 8th ed.

(g) The writer is indebted for this information to the courtesy of the officials in the Land Charges Department of the Office of Land Registry.

Official searches may also be directed to be made in the index of enrolled disentailing deeds (h), in the Yorkshire Registries (i), and in the index of assurances registered in the Middlesex Registry (k). The certificate of the result of any such search has no effect as against any person interested under any entry duly made, but not disclosed by the certificate (7); but in the case of the Middlesex (k) and Yorkshire (i) Registries, solicitors directing an official search, and any persons in a fiduciary position for whom they are acting, are protected against liability for any loss that may arise in consequence of an error in the certificate. It appears, therefore, that in these cases also, the best course for the purchaser's solicitor to take is to direct an official search. It may be remarked that an official search must necessarily be made by a person familiar with the register or index of which he is in charge, and experienced in searching for entries therein; but a solicitor may not always be able to entrust a private seareh to a clerk experienced in such matters.

Official searches for disentailing deeds and in the Yorkshire and Middlesex Registries.

Besides making the above-mentioned searches (hi), the purchaser should, where the property sold is likely to be subject to any statutory charge of the kind held not to be a land charge within the meaning of the Land Charges Act of 1888 (n), such as a charge for a proportion of the expenses incurred by a local authority in sewering, paving or lighting an adjoining street, inquire of the vendor whether the property is or will become subject to any such charge, and also if he has notice or knowledge of any fact (such as a demand made, notice served, or resolution passed by the local authority requiring the execution of any street or other works) which will subject the property sold to a charge of this kind at any future time. This inquiry is usually appended to the requisitions on title (o): but as such a liability may arise after they have been delivered, and should be discharged by the vendor as an outgoing if incurred before the time fixed for completion (p), it is prudent, where there is a likelihood or possibility of any such liability, to repeat this inquiry just before completion, and also to make inquiry of others, as of neighbours or of the local authority (q). As we have seen (r), a purchaser may be able to insist on such a liability being-discharged as a condition precedent to completion in cases where he might have some difficulty in recovering the amount thereof from the vendor if paid by himself after completion. And generally the purchaser should ascertain, before he completes the purchase, that all outgoings payable by the vendor, whether for rates, taxes, rent or any other matters that might subject the purchaser to any liability for their payment (s), have been duly discharged. If the property sold include a house having water, gas or electric light laid on, the purchaser should ascertain that the water rate or other charges payable by the vendor have been duly paid or that non-payment thereof will not subject him to any liability (t).

Enquiries to be made before completion.

(h) R. S. C. 1883 , Order 61, r. 2

(i) Stat. 47 & 48 Vict. o. 54, 20 23, 31.

(k.) Land Registry (Middlesex Deeds) Rules, 1892 Nos.9-14;

W. N. 13th Feb. 1892.

(l) See stat. 45 & 46 Vict. c. 39, s. 2 (1, 11): Wms. Conv. Stat. 273, 274.

(m)Above, pp. 597 600. (n)Above, pp.177,521,592,593.

As to discharge of outgoings payable by the vendor.

(o) Above, p. 177.

(p) Above, pp. 520 - 523.

(q) See Re Leyland and Taylor's Contract, 1900, 2 Ch. 625, where a purchaser, who completed his contract without making such inquiries, was held not to be entitled to compensation, under a condition providing that compensation should be allowed for any omission in the particulars, by reason of the vendor having omitted, without fraudulent intent, to disclose that such a notice as above mentioned had been served on him before the date of the contract for sale, no liability under such notice having been actually incurred before completion. It was pointed out, however, by Rigby, L. J. (p. 632), that, if the purchaser had not completed the contract, he might perhaps have relied upon such omission as a ground for resisting the specific performance or claiming the rescission of the contract; of. Carlish v. Salt, 1906, 1 Ch. 335, 340; but see the writer's criticism of the dicta in this case in 50 Sol. J. 611; and as to nondisclosure, see below, Chap. XIII. Sec. 1, XIV. Sec. 1. See also Hampstead Corpn, v. Caunt, 1903, 2 K. B. 1, as to the liabilities of the above nature which a purchaser may incur. It has been laid down that in cases of the above kind there is no incumbrance nor even a liability, inchoate or otherwise, on the property, until the charge given by the statute has arisen; Re-Allen and Driscoll's Contract, 1904, 2 Ch. 226, 230, 231; see above, p. 522, and n. (i).