The majority of properties are currently at the Land Registry, but there is a trend that some rural properties in the countryside aren’t registered.
Traditionally properties were bought, transferred or sold through a Conveyance – a legal document that included details of those involved, the description of the land and a plan. That meant a landowner had to keep the Conveyance as their proof of ownership.
Between 1925 and 1990 it periodically became a legal requirement to register land if there was a transfer of a certain type, so there was a record of ownership and details of the land at the Land Registry. Currently, there is no law stating land must be registered, unless it is bought, mortgaged, transferred or sold.
So, there are likely to be unregistered properties across the UK and this is particularly prevalent in rural areas, such as the Peak District.
What are the benefits of voluntary registration?
Registering your land significantly reduces delays when selling your property, and can reduce legal fees in some cases. By having the title documents available online, they can be obtained quicker than collating physical documents – deeds can also take a long time to review and will increase transaction time.
The Land Registry charges a fee when a property is registered, which varies depending on the value and size of the land. The registration fee is 25% cheaper if done voluntarily rather than triggered by a transaction.
Unregistered land is a key target for criminals and fraudsters, especially if it’s not mortgaged. The land could be at a high risk of being sold, transferred or used without the landowner’s knowledge. After registering the land, the owner can set up a property alert so they are alerted if someone tries to deal with the land by making an application to the Land Registry affecting it. The landowner can also register a restriction that prevents any dealings without a certificate signed by them and/or their legal representative.
The Land Registry will also produce a title plan for the land and property, giving the owner peace of mind that the proper boundaries are identified on an Ordnance Survey map – any discrepancies or issues can therefore be rectified before a sale or transfer.
Above all, the landowner will have digital proof that the land is theirs. They don’t need to worry if the original Conveyance is destroyed, lost or stolen, as the Land Registry will hold an electronic title deed. If the landowner dies, this will also make it much easier to deal with their estate and transfer the land to the right person – this removes the need to search different places for deeds or other documents.
How to register your property voluntarily>
A landowner can register their land themselves, but the process is difficult and time-consuming. Our Commercial and Agricultural Property team can take the burden.
Our expert team will collate the necessary deeds and documents, check if any of the land is already registered, and review all of the provided documents. If necessary, our solicitors may be able to assist with referrals to a surveyor, who can produce a scale plan if the documents aren’t clear.
The team will then send an application to the Land Registry. Once accepted, we’ll review the title deed to make sure it is in order, before sending it to you for safekeeping.
What if the deeds have been destroyed or lost?
Don’t worry, our team can still try to register your land. The Land Registry need a statement of truth from the landowner to describe what happened to the documents. They may possibly need a statement from other people, such as a neighbour or legal representative.
We can collate the statements of truth and can prepare the application. Our team will then apply for the registration and correspond with the Land Registry until they accept or reject the application.
Overall, there are a range of benefits to registering your property with the Land Registry, from reduced costs and more security to having proof of ownership. To speak to one of our Commercial and Agricultural Property team and see if we can help register your land, visit our website.