To register or not to register, that is the question!

Hannah Pearce, Pickering Office and Matthew Butcher, Stamford Bridge Office
 22 Jan 2019

Land Registration on a National scale came into effect in England and Wales in 1925.  Compulsory registration on the disposition of a property started at different times in different parts of the country.

As a result, if you have owned your home or land since before 1990 it may be that your property is not registered with HM Land Registry.

What do I mean by registered or unregistered?

Registered land has been reported to and registered with HM Land Registry. HM Land Registry check the ownership and title to the land based on the title deeds when it is first recorded, with them.  After registration each piece of land will have its own unique title, individual reference and specific plan. HM Land Registry manages and controls the title information electronically, it is stored securely and it is easily accessible.

In contrast, unregistered land is not recorded with HM Land Registry. As a result, the owners of the land need to prove their ownership by producing title deeds if they want to sell or mortgage the property. Sometimes the deeds are with the owner, their solicitor or a mortgage lender. Sadly, sometimes the deeds could have been lost.

Why may you want to register your property voluntarily?

Avoid future costs

If you have a registered title to your property it is clearly documented so you can avoid relying on plans to old deeds that are often inaccurate. As unregistered titles are now less common and there tends to be more paperwork involved, the legal costs of dealing with them will often be greater.

By registering your property now, you may avoid this future cost and HM Land Registry do offer a reduced fee for voluntary registration. Registration with HM Land Registry also offers a state-backed registration, which gives greater security.

Clear ownership

Once registered, there is a public record of ownership which can be accessed readily. This can make it easier and cheaper to buy and sell land because all of the information is in one place. Also a plan of the property will be produced and this can really help on future resale.

If unregistered, often the plans are hand drawn or not to scale and this means the boundaries and extent of the land can be ambiguous.

Prevention of claims against the land

Unregistered land is at risk of a third party trying to claim `squatting rights` over time.  In contrast, if your land is registered with HM Land Registry you are much better protected and HM Land Registry will notify you if a third party tries to make a claim against your land.

Avoid lost deeds

Unregistered title deeds may be lost or damaged. Whilst, HM Land Registry will consider registering a property in these circumstances, they will only do so if proof of ownership can be made out.

If you would like to know more please speak to a member of your local conveyancing team.

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