How to register an unregistered property

If you own unregistered property, it is advisable to register this with the Land Registry. Registration can reduce the risk of fraud and also avoid complications should your title deeds be lost or destroyed. We look at how to register an unregistered property and why it is advisable to do this now rather than waiting until you decide to sell or take out a mortgage.

At Lockings Solicitors, we offer a comprehensive property service, including the first registration of unregistered property. This is not always a straightforward process and we have the expertise to deal with any complications that may arise. We can also reconstruct the title if the title deeds to an unregistered property are missing.

We offer a FREE initial chat so that you can ask us any questions you may have about how to register an unregistered property. Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the East Yorkshire and York area.

 
 
 
 
 
 
 
 
 
 
 
 
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What is property registration?

Property registration is when a property is listed on the Land Register, which is maintained by HM Land Registry. The Land Register is a record of property in England and Wales and includes the following details:

• A description of the land
• A plan of the land
• The name of the owner
• Whether the property is freehold or leasehold
• The class of title, which could be title absolute, good leasehold or possessory, with ‘title absolute’ being the best class of title
• A list of any rights or restrictions relating to the property
• Easements such as rights of way that affect the property
• Mortgages or other charges over the property

Does property have to be registered?

Since 1990, it has been compulsory to register any unregistered property in England and Wales when it is sold or mortgaged. Currently, around 87% of property in England and Wales has been registered.

Property can be registered voluntarily at any time, not just during a sale or mortgage. The Land Registry offer a reduced fee for voluntary registration to encourage registration.

Why should unregistered property be registered?

There are several reasons to register unregistered property. One of the most important reasons is for security. It can be easier for fraudsters to target unregistered property. Registering with the Land Registry not only makes it more difficult, but there is a level of indemnity should certain fraudulent activity take place.

Registration means that your ownership is formally noted and copies of all relevant documents will be easily available from the Land Registry. This can make the sale process quicker and more straightforward. It also removes the risk of title deeds being lost or destroyed. Should this happen, reconstituting the title can be complex and you may not be given the best class of title.

If you decide to sell the property, the process is generally faster and more straightforward if the property is registered. Selling an unregistered property will involve more work for the buyer’s solicitor in checking the title. The buyer will also have to go through the first registration process, which takes substantially longer than amending the Land Register when a purchase or mortgage takes place.

Once your property is registered, you will formally be noted as the owner. This means that it will be easy for the Land Registry to contact you if it has any concerns. You will also be able to prove your ownership, should this be necessary for other purposes, such as taking out a loan.

You also have the option of setting up an email property alert with the Land Registry. You can ask them to notify you should they receive certain applications in respect of your property. While this will not stop fraud, it means that you will be told that someone is attempting to register something over your property, such as a legal charge, and you will be able to take prompt action to notify the Land Registry if this is fraudulent.

How do you register unregistered property?

To register unregistered property, an application needs to be made to the Land Registry. Their application form FR1 needs to be completed and their fee sent.

In addition, an ‘epitome of title’ must be provided. This is a list of all of the relevant title deeds that are needed to prove the title.

The first document that needs to be identified is the ‘root of title’. This is a transfer or conveyance that is at least 15 years old. It must deal with the whole of the land and clearly identify the land and the owner. This document will often refer to restrictive covenants contained in earlier transfers, and those transfers must be listed on the epitome of title as well.

Any transfers or other dealings that have taken place since the date of the root of title are also included.

If you are dealing with the registration yourself, all of the original documents referred to in the epitome of title must be included with the application. If you ask us to carry out the task, we can send certified copies of the documents together with a conveyancer’s certificate that we will sign.

Costs of first registration

The Land Registry’s reduced fee for voluntary registration, ie. registration that is not as a result of a sale or mortgage, is as follows:

Property value                                                  HM Land Registry registration fee

0 – £80,000                                                         £ 30

£80,001 – £100,000                                        £ 70

£100,001 – £200,000                                      £ 170

£200,001 – £500,000                                      £ 250

£500,001 – £1,000,000                                  £ 495

£1,000,001 +                                                      £ 830

They may also decide to inspect the property if they wish to look at boundaries or other issues, and they will request a further £40 if this is necessary.

If you would like us to deal with the first registration process, please feel free to call us and we will let you have a quote for our first registration costs.

How long does first registration take?

The Land Registry states that it deals with half of all applications for first registration in around 16 months, with almost all application dealt with in around 17 months. A minority could take a few weeks longer, depending on the circumstances.

If you decide to sell or mortgage the property during this time, it is possible to ask the Land Registry if they are able to expedite matters.

Having your property registered can make any future sale or mortgage faster and reduce the amount of due diligence work that will be needed.

Contact our East Yorkshire and York area property solicitors for registering unregistered property

If you would like help in registering an unregistered property, call us today and we will be happy to assist.

You can ring us for a FREE initial chat on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the East Yorkshire and York area.