RESIDENTIAL Services

Voluntary

First Registrations

Is your property registered at the Land Registry or unregistered?

When buying or selling property, evidence of ownership will be slightly different depending on whether the title of your property is registered or unregistered.

Currently, around 85% of land in England and Wales is registered but what does it mean and how does it affect you?

Basically, a property that is registered means that details about the property appear on the electronic register at HM Land Registry. The details include the address of the property, who the freehold or leasehold owners are, any rights that benefit the property and any matters that affect the property.

Whereas a property that is not registered at HM Land Registry (i.e., commonly referred to as “unregistered title”) means that proof of ownership is evidenced by way of a bundle of deeds and documents.

Having a bundle of deeds and documents as proof of ownership can sometimes be problematic. This is because some or all of the deeds may have been lost or accidentally destroyed. If so, this can make proving title to the land difficult or make it difficult to identify the appropriate rights or even the extent of the land.

Voluntary application for first registration may therefore be particularly useful where a prospective purchaser or mortgagee may have doubts about accepting the title. Although the Land Registry may not grant an absolute title, the title may still be acceptable to purchasers and mortgagees, particularly if supported by a title indemnity insurance policy.

So, if you know you have an unregistered property, these are the advantages of making a voluntary first registration application:

• You will achieve state-backed registration, giving greater security of title.
• You will be safeguarded in the event any of the original deeds or documents are later lost or destroyed.

• You will have greater protection against the possibility of losing title by adverse possession.

• It will make future dealings with the property (selling, mortgaging or gifting the property) simpler and straightforward.

• The extent of the land owned will be shown on an accurate up-to-date Ordnance Survey plan.

• All details about the property, including rights that benefit and matters that affect the title will be in one convenient place, other than certain overriding interests.

• A registered title will afford you more protection against fraudulent activity if you sign up for “property alerts” whereby the Land Registry will alert you if anyone attempts to make any changes to the Register. And certain restrictions may be added to prevent dispositions. This is of particular importance if you are not living at the property.

Please call us on 01263 800089 or 07940 585939 or email enquiries@ccclaw.co.uk if you would like us to assist you with the registering of your property



DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.