Pre-contract searches and enquiries - Index map searches

Learning Outcomes

This article explains index map searches within pre-contract due diligence in conveyancing, including:

• The purpose of an index map search and its role within pre-contract due diligence
• Circumstances requiring a search, such as unregistered land, complex sites, sales of part, and mines and minerals reservations
• Form SIM procedures and plan compliance with HM Land Registry requirements
• Interpretation of results: registration status, multiple title numbers, pending applications, and cautions against first registration
• Distinctions between SIM and other searches (OS1/OS2 and Land Charges K15)
• Practical client guidance following issues revealed, including cautions, pending applications, and coordination of SIM results with title investigations
• Limitations of index map searches (general boundaries, non-disclosure of unregistered interests) and coordination with other searches and inspections

SQE1 Syllabus

For SQE1, you are required to understand index map searches within pre-contract due diligence in conveyancing, with a focus on the following syllabus points:

• The purpose and function of index map searches in conveyancing.
• When an index map search is required and how it is conducted, including plan compliance (Practice Guide 40).
• Interpreting results: registered/unregistered status, multiple titles, pending applications, cautions against first registration, and mines/minerals reservations.
• Limitations of index map searches (e.g. general boundaries, no disclosure of charges) and their relationship to other pre-contract searches and inspections.
• Practical client advice where issues are revealed: investigating cautions, coordinating with Land Charges searches for unregistered land, and managing pending registrations.
• Distinguishing SIM from pre-completion searches (OS1/OS2) and understanding the absence of any priority effect with SIM.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the main purpose of an index map search in a property transaction?
2. When must a solicitor conduct an index map search as part of pre-contract due diligence?
3. What information can an index map search reveal about a parcel of land?
4. What are the limitations of relying solely on an index map search for due diligence?

Introduction

Index map searches are a core part of pre-contract due diligence in property transactions. They allow solicitors to check whether land is registered, identify relevant title numbers, and reveal pending applications or cautions that may affect the property. Understanding when and how to conduct an index map search, and how to interpret the results, is essential for SQE1.

A search of the index map is particularly important where land appears unregistered, where boundaries are uncertain, or where complex sites and sales of part are involved. It helps the buyer’s solicitor assemble the correct title information early, so the client can make an informed decision under the principle of caveat emptor. Where the search indicates registration, the next step is to obtain official copies for investigation. Where the land is unregistered, the solicitor must rely on deeds and also complete appropriate Land Charges searches.

Key Term: index map search
An official search of HM Land Registry’s index map (Form SIM) to establish whether land is registered, identify title numbers, and reveal pending applications and cautions against first registration.

The Purpose of Index Map Searches

An index map search is used to determine whether a parcel of land is registered at HM Land Registry, and if so, to obtain the relevant title number(s). It also reveals pending applications and cautions against first registration. This information is critical for confirming ownership, identifying potential third-party interests, and ensuring that the correct procedures are followed in the conveyancing process.

The search is not a substitute for investigating a registered title through official copies or unregistered title through deeds. Rather, it is a gateway check that:

• Confirms the registration status of all land within a plan or address.
• Identifies all title numbers affecting the land, which may include overlapping freehold and leasehold titles and, in some cases, separately registered mines and minerals.
• Flags pending first registration or other applications that may alter the title position imminently.
• Alerts the solicitor to cautions against first registration, prompting further investigation of third-party claims over unregistered land.

Because the Land Registry’s index map is based on Ordnance Survey mapping and the general boundaries rule, it is best used in conjunction with a compliant plan and other searches to build a complete picture.

Key Term: pending application
An application submitted to HM Land Registry that has not yet been completed and may affect title, such as a first registration, transfer, charge, or alteration to the register.

When Is an Index Map Search Required?

Solicitors must conduct an index map search in the following situations:

• When acting on the purchase of land that appears to be unregistered.
• When there is uncertainty about the registration status of land, especially with complex sites or where boundaries are unclear.
• When mines and minerals are excepted from the title, to check if they are registered separately.
• When a caution against first registration may exist.

The search is also advisable when dealing with new developments, sales of part, or where the client is acquiring land adjacent to registered titles. It is good practice to carry out a SIM:

• For multi-title sites to ensure all parcels are captured and no small “ransom strips” are inadvertently omitted.
• Where historic title plans are imprecise or the site configuration has changed.
• Where rights to mines or minerals are reserved in the title, so any separate registered title can be identified and investigated.
• In transactions involving agricultural or peripheral land, where boundary and registration anomalies are more common.

Key Term: caution against first registration
A notice lodged at HM Land Registry by a person claiming an interest in unregistered land, warning of their claim if the land is registered.

How to Conduct an Index Map Search

The solicitor submits a completed Form SIM to HM Land Registry, accompanied by a detailed plan of the land in question. The plan must comply with Land Registry requirements (see Practice Guide 40, Supplement 2). The Land Registry examines the area and provides a report showing:

• Whether the land is registered or unregistered.
• The title number(s) of any registered land.
• Any pending applications affecting the land.
• Any cautions against first registration.

To avoid rejection or inconclusive results, ensure the plan:

• Is based on an Ordnance Survey map at an appropriate scale (typically 1:1250 in urban areas and 1:2500 in rural areas).
• Clearly identifies the land with precise edging/colouring, includes a north point and scale, and shows sufficient surrounding detail to locate the land accurately.
• Matches the physical extent the client expects to acquire, with any proposed sales of part delineated precisely.
• Is legible, unambiguous, and free from shading or markings that obscure boundaries.

Applications are commonly submitted via the HMLR portal with the prescribed fee. Results are usually returned quickly (often within one or two working days), though complex sites or large areas can take longer. A SIM does not confer any priority over the land; it is purely informational. If the search reveals that the land is registered, the next steps are to download official copies of the register, title plan, and any filed documents. If unregistered, title must be deduced by deeds, supplemented by Land Charges searches.

Interpreting the Results

The results of an index map search may reveal:

• Registered land: The title number(s) are provided, allowing further investigation of ownership and charges. One parcel may be affected by multiple titles (e.g. overlapping freehold and leasehold). Check whether all land the client expects to purchase appears within the identified registered titles.
• Unregistered land: No title number is found. Title will need to be proved by deeds (root and epitome). Additional searches of the Land Charges Register (K15) must be undertaken against all relevant estate owners’ names to reveal registrable incumbrances (e.g. restrictive covenants, equitable easements, estate contracts, home rights).
• Pending applications: Indicates that a transaction or change is being processed which may affect the title. This might be a first registration application for unregistered land, a transfer or charge registration, or an alteration to existing titles (e.g. a transfer of part creating a new title). Pending applications may impact your due diligence timetable, so consider contacting the applicant, the seller’s solicitor, or HMLR for clarification of the application type and any likely timeframe.
• Cautions against first registration: Alerts to a third party’s claim over unregistered land, which must be investigated before proceeding. The presence of a caution does not prove the claim, but it can delay first registration and trigger objections if registration is attempted.

If the search reveals overlapping titles or discrepancies between the physical boundaries and the registered titles, further investigation is required. Remember the general boundaries rule: title plans and the index map show boundaries that are not guaranteed to be exact. Where the precise line is material (e.g. for development or boundary-sensitive acquisitions), consider a determined boundary application after completion, or obtain specialist advice.

When the SIM shows that mines and minerals are separately registered, obtain the title number(s) and investigate any rights of entry or working that could affect development or value, and commission appropriate mining searches (e.g. CON29M for coal).

Practical steps on common results

• Registered status and title numbers: Order official copies and check the Property, Proprietorship, and Charges registers. Confirm that the seller is the registered proprietor and that there is no break in the chain of ownership or unexplained restriction.
• Unregistered status: Require an epitome of title, inspect the root of title (minimum 15 years where acceptable), and make Land Charges searches (K15) against all estate owners’ names for their periods of ownership. Where mines/minerals are reserved, carry out the SIM for those too.
• Pending application: Ascertain its nature and consider the impact on completion. If the application is the seller’s first registration or transfer, ask for evidence and an undertaking to complete registration promptly. If the application is adverse (e.g. an objection or an application by a third party), assess delay and risk; in some cases indemnity insurance or reconfiguring the transaction structure may be advisable.
• Caution against first registration: Investigate the grounds of the caution, review any supporting documents, and consider whether it relates to rights such as restrictive covenants, easements, or chancel repair liability. Advise on the risk and possible strategies: engage with the cautioner, seek withdrawal, or apply to cancel a caution where appropriate. Indemnity insurance may be suitable if the claim is uncertain or historic.

Worked Example 1.1

A solicitor is instructed to purchase a plot of land for a client. The land appears unregistered, but the client is unsure. What steps should the solicitor take?

Answer:
The solicitor should submit Form SIM and a compliant plan to HM Land Registry for an index map search. If the land is registered, the title number will be provided and official copies can be obtained. If unregistered, the solicitor must obtain and review the title deeds to prove ownership, and make Land Charges searches (K15) against all relevant estate owners’ names. If mines/minerals are reserved, also run a SIM to check if they are separately registered.

Worked Example 1.2

An index map search reveals a caution against first registration lodged by a neighbour. What should the solicitor do?

Answer:
The solicitor should investigate the grounds of the caution, review any supporting documents, and advise the client on the risk. If the caution relates to a boundary dispute or claimed right, the solicitor may need to negotiate with the cautioner or seek indemnity insurance. If appropriate, consider an application to cancel the caution; if the cautioner objects, the matter may be determined through Land Registry procedures. Ensure the transaction timetable accounts for possible delay.

Worked Example 1.3

You act for a developer acquiring a complex urban site where multiple title numbers are suspected. The site plan shows several irregular parcels and historic boundary changes. How will you use a SIM to manage risk?

Answer:
Submit Form SIM with a clear OS-based plan covering the entire intended site. Use the SIM result to identify all title numbers affecting the land, then obtain official copies for each. Cross-check that the physical extent the client expects to buy is fully within those titles and look for overlaps (e.g. leasehold titles over part). If any parcel is outside a deduced title or appears on an unidentified title, raise enquiries with the seller, adjust the acquisition plan, or negotiate to include/exclude additional land as needed.

Worked Example 1.4

The freehold title excepts mines and minerals. The SIM shows a separate title for mines under the site. What is the due diligence response?

Answer:
Obtain official copies for the mines and minerals title to check rights of entry, support, and working. Commission a mining search (e.g. CON29M) and, if relevant, additional searches for other local extraction (e.g. limestone or brine). Advise on the impact on development (e.g. restrictions or stability concerns) and consider specialist surveyor input. Ensure the client understands that reserved mineral rights can affect value and use even if surface development is permitted.

Worked Example 1.5

A rural purchase involves unregistered farmland. The SIM result is “unregistered,” but there is a pending application noted. What should you do?

Answer:
Confirm with HMLR and the seller’s solicitor the nature of the pending application (likely a first registration by someone). Request details and timescales. Where the pending application is by the seller, require evidence and undertakings to complete registration before exchange or to manage the registration gap securely. If the application is by a third party, assess the risk of dispute or delay and advise the client accordingly, including the potential need to pause, renegotiate, or insure.

Worked Example 1.6

Your client is buying a small strip of land to ensure access. The SIM shows part of the strip falls within a different title number not included in the draft transfer. What is your advice?

Answer:
Alert the client immediately: the intended access strip is not fully within the seller’s title. Obtain official copies for the additional title and clarify ownership. Either negotiate a transfer of that additional part too or reassess the acquisition strategy. Without securing that “ransom strip,” access may remain compromised. Consider a highways search if the strip abuts a public highway to confirm the exact extent of the adopted highway and whether any verge is in third-party ownership.

Limitations of Index Map Searches

Index map searches have several limitations:

• They do not reveal unregistered interests such as rights of way, informal arrangements, or covenants unless these are protected on a registered title (which you only see by obtaining official copies). For unregistered land, you must rely on deeds and Land Charges searches.
• The index map uses Ordnance Survey data and the general boundaries rule; boundaries shown are not exact. Small discrepancies or recent physical changes may not be reflected.
• A SIM is a snapshot at the date of search; it does not confer priority and will not protect against changes made afterward.
• A SIM does not disclose the contents of registered titles (ownership details, charges, restrictions) and cannot replace full title investigation.
• Complex land configurations, overlapping titles, or historical anomalies require further analysis, including official copies, surveys, and possibly determined boundary procedures where precision is critical.

Revision Tip

Index map searches should always be combined with other pre-contract searches, such as local authority, environmental, and drainage searches, to ensure full due diligence.

Relationship to Other Pre-Contract Searches

An index map search is only one part of the pre-contract due diligence process. It should be used alongside:

• Local authority searches (LLC1, CON29, CON29O) to check planning, building regulations, enforcement notices, roads, and optional matters such as common land registration.
• Water and drainage searches (CON29DW/CommercialDW) to confirm connections and adoption status.
• Environmental and flood searches to identify contamination and flood risk.
• Chancel repair liability searches where relevant, noting that in unregistered land potential liability may be protected by a caution against first registration.
• Land Charges searches (K15) for unregistered land against the names of all estate owners revealed in the epitome of title, to uncover registrable incumbrances that could bind a buyer.
• Physical inspection and a survey, which may reveal issues not apparent from mapping or documents (e.g. visible rights of way, occupiers, or discrepancies in boundaries).

Do not confuse a SIM with pre-completion searches. A SIM confirms registration status and title numbers but does not update the register or confer priority. Pre-completion official searches (OS1/OS2) are made against a registered title to check for new entries since the official copies were issued and to secure a 30-working-day priority period to register the transfer and mortgage.

Exam Warning

If you rely solely on an index map search, you may miss unregistered interests or recent changes not yet reflected on the map. Always advise clients of the search's limitations.

Key Point Checklist

This article has covered the following key knowledge points:

• Index map searches confirm whether land is registered and identify title numbers for further investigation.
• They reveal pending applications and cautions against first registration, enabling early risk management.
• An index map search is required for unregistered land, complex sites, sales of part, or where registration status is unclear; it is also advisable where mines/minerals are reserved.
• The search is conducted using Form SIM and a compliant OS-based plan in line with Practice Guide 40.
• SIM results do not confer priority and do not disclose register contents; they must be followed by official copies (registered land) or Land Charges searches and deeds review (unregistered land).
• Results must be interpreted carefully, especially if cautions or pending applications are found; practical steps include investigation, engagement with HMLR/applicants, and considering indemnity insurance.
• Index map searches have limitations under the general boundaries rule and should always be combined with other pre-contract searches and a physical inspection for full due diligence.
• Distinguish SIM from OS1/OS2 pre-completion searches and from Land Charges searches (K15) for unregistered land.

Key Terms and Concepts

• index map search
• caution against first registration
• pending application