Registering your land or property: better late than never!

If your land falls into the 14% that is currently unregistered across England & Wales, now is the time to act. Our agriculture, land & development team discuss the importance of officially registering your land.

In England and Wales, all land falls into one of two categories: registered and unregistered.

• Registered land has been registered with HM Land Registry, which keeps an official record of ownership, along with details of any rights, mortgages and restrictions affecting it.
• Unregistered land ownership is typically proved through old paper deeds.

Since the introduction of compulsory first registration, most land has been brought into the register but 14% of land in England and Wales remains unregistered.

Compulsory land registration became standardised across England and Wales in 1990, having first been introduced in Eastbourne in 1925. It was then reinforced through the Land Registration Act 2002, which aimed to further incentivise the registration of land in England and Wales; the ultimate aim being that “the register should be a complete and accurate reflection of the state of the title of the land at any given time.”

When is registration required?

There are certain events which act as ‘triggers’ for compulsory registration, such as the sale or transfer of unregistered land, the grant of a lease lasting 7 years or more, or the death of a sole proprietor. In these cases, registration must take place as part of the legal process.

Voluntary registration

It is also possible to make a voluntary application. One notable incentive for doing so is the 25% discount on Land Registry fees accorded to applications of this kind.

Why is registering your land or property important?

It may not have been at the top of your priority list so far, but if you own land or property that is not currently registered, getting this done sooner rather than later is important for several reasons:

Facilitating future dispositions

When your property is eventually sold, the incoming buyer will be required to register the land with the Land Registry. The conveyancing process is likely to be both cheaper and simpler if your property is registered before you come to put it on the market.

Organising your estate

If your property is unregistered at the time of your death, your executors or next of kin will be responsible for assisting with registration of the property when it is sold or inherited by a beneficiary.

Delegating this task is a risk, as your executors may not be in possession of the facts or knowledge required to enable the registration of your property.

The administration of your estate will be more straightforward for those responsible if title to your property has been registered prior to your death.

Protecting your property

Registering your land or property with the Land Registry is one of the easiest and most effective ways to prove that you are the owner and ensure that your ownership is protected:

• It would be much harder, for example, for someone to claim adverse possession (also known as ‘squatters rights’) over part of your property;
• You are less likely to become a victim of property fraud;
• You are less likely to become embroiled in expensive and complicated boundary disputes.

We have experience in compiling and submitting various successful applications for first registration, including applications based on lost title deeds and on adverse possession.

Regardless of complexity, Willans’ experts can assist with the important process of registering your land or property for the first time. Please do not hesitate to get in touch with us to discuss your options.

Our Legal 500 and Chambers-rated agriculture, land & development team help landowners, as well as businesses and individuals operating in the rural sector, advising on a broad range of challenges that may arise.