Proceedings searches on conveyancing transactions
The Law Society Conveyancing Committee’s view on conducting proceedings searches in addition to judgments searches (including lis pendens) on a typical conveyancing transaction is that this additional search is not necessary, as the only litigation that could affect priority of the land being acquired would appear on the judgments (lis pendens) search.
Reminder
Notwithstanding this, when acting for a borrower or bank, it would be common for proceedings searches to be carried out by the lender’s solicitor.
Similarly, practitioners should be reminded that if the property is subject to first registration, certified judgement searches for the preceding five years (and predecessors on title) will need to be lodged with the first registration application.