To Register or Not to Register

According to HM Land Registry, as of September 2019 87% of land in England and Wales was registered.

But what about the other 13%?

If you have lived in your property since prior to 1990 and have not taken a mortgage in that time, it is possible that you may be in that 13%, which means that the Land Registry has no record of your property or the fact that you own it.

But do you have to register your property?

Property only needs to be registered when it is transferred, mortgage or inherited, but there are several benefits to registering your land voluntarily. Firstly, the Land Registry charges a reduced fee for processing voluntary first registrations. Secondly, it makes establishing that you are the owner of land far easier. Thirdly, it makes it easier for you to sell or mortgage your property later, and finally, it helps to make you less vulnerable to fraud.

But do I need a solicitor to register my land, or can I do it myself?

The Land Registry will accept applications directly from the owner of land, but it can be beneficial to instruct a solicitor to deal with this for you. Land Registration can be complex and time consuming, the Land Registry has strict requirements which can be difficult to understand. A solicitor will know exactly what is needed, which means that it is less likely that the Land Registry will raise a query or reject the application. Another benefit to instructing a solicitor is that solicitors do not need to send the original deeds to the Land Registry, risking them getting lost or damaged in the post. The Land Registry will accept certified copies of the documents from a solicitor, provided the solicitor is holding the original documents.

But what if I cannot find my deeds? Does this mean my land can’t be registered?

If you cannot locate your deeds, it is best to speak to a solicitor about the next steps. It is possible to register land without the original deeds in some cases and a solicitor may be able to help you.

If you would like help to register your land, we would be more than happy to assist you. Our Conveyancing Team are available for appointments so please do give us a call on 01206 577676. Any email enquiries can be sent to [email protected]