Should you worry if your property is unregistered at H M Land Registry? What are the benefits to having it registered? DF Legal LLP’s Property Solicitor Gemma Prosniewska explains further…
According to H M Land Registry approximately 25% of land in England and Wales remains unregistered. It is part of their current strategy that by 2030 ‘comprehensive registration’ is achieved nationally.
To assist with this strategy, H M Land Registry currently offers discounted fees for voluntary first registration.
Should you register?
If your property is part of the unregistered 25% then you may wish to consider voluntary first registration. There are a number of benefits to this to include the following:-
Once registered title to the property is provided with a State guarantee
You would be better protected if someone tried to claim adverse possession (known to some as ‘squatter’s rights’) as if a claim was made, the Land Registry would contact you in respect of this encroachment.
A title plan, based upon up to date Ordnance Survey Map, is produced meaning you can be clear as to the extent of the land you legally own.
Land Registry will only include in the title document relevant extracts of historic deeds making the title much more clear and succinct.
Once registered you do not have to worry about retaining and keeping safe old title deeds as the information is held on the Land Registry’s online register.
If you require a copy of the register, this is easily downloaded and usually available immediately, meaning if you come to sell your property your solicitor can obtain a copy of the title and begin drafting the contract papers as soon as instructed as opposed to having to request title deeds from their storage location and awaiting receipt of them.
Having your property registered can also assist with a sale. Whilst we at D F Legal LLP are used to dealing with unregistered land, unfortunately, not all solicitors have the same experience and expertise with unregistered land, and are not comfortable dealing with unregistered titles. On occasion we have had buyer’s solicitors advise, they will not proceed with the purchase until the title is registered which can cause delays.
If you would like to speak with one of our solicitors about registering your property then please contact us so we can provide you with further information and a quote as to the costs involved.