This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of real estate.
Whatever searches and inquiries are deemed necessary, should, of course, be brought down to a point as close as possible to the time fixed for completion ; some practitioners make the search, or official search, immediately after obtaining an opinion upon the abstract, and a supplemental search, or official, immediately before completion; but usually one official search is made immediately before completion. By an early search, however, unnecessary expense may be saved; the vendor has to bear the cost of an early search, if the purchase goes off on a defect in title (x).
Time for making searches and inquiries.
Searches, etc, when to be made.
A solicitor will not be allowed upon taxation, even as between solicitor and client, the costs of searches directed by counsel, but which have, to the knowledge of the solicitor, been rendered unnecessary by subsequent events (y).
Unnecessary costs of, not allowed.
(x) Bodges v. Earl of Lichfield, (1835) 1 Sc. at p. 449 ; and seeElph. & C. 5. (y) Longford v. Mahony, (1845) 3 J. & L. 97.