If you own unregistered property, it is advisable to register this with HM Land Registry. There are several reasons for this, including reducing the risk of property fraud. We explain how property registration works and answer the question: How long does it take to register an unregistered property?
At Lockings Solicitors, our conveyancing team includes highly experienced property solicitors who regularly deal with the first registration of unregistered property. Registration is not always a straightforward process and it is important to ensure that all relevant information is passed to the Land Registry for inclusion on the Land Register.
If you own an unregistered property or unregistered land, we can make a first registration application on your behalf. We are accredited by the Law Society’s Conveyancing Quality Scheme in recognition of the high standards of service we provide as well as for our legal expertise. Our sound understanding of complex property law issues means that we can deal with any difficulties that arise during the registration process.
We offer a FREE initial chat so that you can ask us any questions you may have about registering 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.
Unregistered property can be targeted by criminals as it can be easier to commit fraud when a property is not entered on the Land Register. If you register the property, you can set up an email alert system so that you receive an email from the Land Registry if anyone attempts to register something against the title. This will give you the opportunity to take prompt action to stop this from happening.
There is also the option to enter a restriction on the Land Register preventing anyone from dealing with your property without your authorisation.
Having your property registered means that you will be officially noted as the owner and it will be easy to provide proof of this by obtaining a copy of the title from the Land Registry. Additional information such as documents referred to in the title will also be made available online. Without registration, it can be very difficult to prove ownership if title deeds are lost or destroyed.
If you want to sell your property, it is preferable that it is registered. Selling an unregistered property can be slower than usual as the buyer’s solicitor will need to carry out more due diligence work.
Unregistered property has to be registered by law if it is sold, transferred or mortgaged. It can also be registered voluntarily at any other time. An estimated 13% of property in England and Wales is not yet registered, and the Land Registry is aiming to have all property registered by 2030.
If you own unregistered property, it is advisable to have it registered, even if it is a smaller piece of land and not your main property. In fact, it can be particularly important to register unregistered land to protect it from being registered by anyone else.
The entry on the Land Register for a property will include the following information:
Once the registration has been completed, anyone will be able to obtain an official copy of the entries on the Land Register showing your ownership.
If your property or land has never been registered, the Land Registry’s application form FR1 needs to be completed. It is sent to the Land Registry together with their registration fee and certain of the title deeds. This includes the document that is the ‘root of title’. This is a document such as a transfer that is at least 15 years old and that shows who owns the whole of the land in question.
It will contain a description of the property and may mention other documents that contain rights or restrictions. In addition, any subsequent transfers must also be included so that there is an unbroken chain from the root of title to your ownership.
The documents included with the registration will be listed in an epitome of title, which is a schedule of items required to prove your ownership and show all rights and restrictions relating to the property. This is referred to as deducing title.
You may also need to include a proof of identity form unless the registration is carried out by a legal professional such as a property solicitor. Other documents may be needed, depending on how you acquired the property. For example, if you inherited it, the estate’s executor may need to provide a ‘whole of registered title asset’ form.
The original documents are sent to the Land Registry who will scan and return them, although they may be requested again at a later date, so they must be kept to hand.
The Land Registry completes half of all applications for the first registration of property in around 16 months, with almost all done within 17 months. Some may take a few weeks longer. In some cases, they may want to inspect the property before the registration is carried out.
Having the first registration application prepared by property solicitors can reduce the likelihood of the Land Registry having to raise enquiries on the application, which can slow matters down considerably.
If you decide you want to sell your property while it is going through the registration process, it may be possible to ask the Land Registry to expedite their registration process.
If you own unregistered property, it is recommended that you register it straightaway. As well as the potential to reduce the risk of fraud, having a registered property makes a sale, transfer or mortgage much easier to deal with.
The Land Registry makes a reduced charge for the voluntary registration of unregistered property. This is a registration that is not required by law, ie. not when the property is being sold, transferred or mortgaged.
The reduced costs for voluntary registration are 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
In some cases, there may be an additional charge of £40 if the Land Registry decides to visit the property to inspect it.
If you own an unregistered property, our property experts can deal with the first registration process on your behalf, ensuring that the correct title deeds are sent showing your ownership and setting out details of the rights and restrictions that apply to the property.
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.
If you are a customer of Lockings Solicitors and we have contracted with you online you may be entitled to use the EU Online Dispute Resolution (ODR) Platform to assist in resolving any dispute with us. This service can be found at https://ec.europa.eu/odr.
Our email address is welcome@lockings.co.uk
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