Do I Need to Register My Property?

Do I Need to Register My Property? A Guide to First Registration in England and Wales

The end of the paper trail. For centuries, proving you owned a piece of England or Wales meant guarding a weathered bundle of parchment. The days of the Deed are quickly fading, and first registration represents a shift from antiquated private records to a state-guaranteed public register.

You may think registering your land is just a legal formality, but it offers so much more.

Why Does First Registration Matter?

Registered land refers to land that is recorded at the Land Registry. Each piece of land has its own title register which records legal ownership and any interests, covenants and rights affecting the land. Each title register has its own title number which essentially acts as a barcode (a number unique to that title which allows it to be searched for digitally). The title register also presents all the information relevant to that title in one place.

Unregistered land on the other hand has not yet been recorded in the Land Registry’s central database. As all substantial land transactions are now subject to compulsory registration, unregistered land is becoming increasingly uncommon and consists mostly of properties which have remained in the same ownership for years. Indeed, rather than using a centralised system that collates all relevant information, this must instead be ascertained from physical Deeds, often spanning many years and owners. The Root of Title must be found by analysing the chain of ownership through these Deeds which can, of course, become complicated. Furthermore, there is only one copy of the Deeds which can be lost or damaged.

Registering your land makes it more difficult for property fraud to occur or for squatters to claim it through adverse possession. As such, if you are still the owner of unregistered land, you may be holding onto a legal headache. Fortunately, unregistered land can be voluntarily registered at any time. You need not wait for an event that triggers compulsory registration.

Voluntary First Registration

There are many advantages to voluntarily registering your property at the Land Registry. There is a reduced Land Registry fee and, should there be any difficulties in the registration process such as missing Deeds or inaccurate plans, you will have plenty of time to resolve these issues without the pressure of a sale looming. Voluntary first registration, ultimately, offers you peace of mind and protects your legal and beneficial ownership. These benefits also extend to the executors of your estate, who will need to deal with your property when the time comes.

It is currently taking longer to register properties due to a backlog at the Land Registry, so the sooner you do this the better. Should you wish to sell or refinance, however, your application can be expedited.

Cautions Against First Registration

A caution against first registration is a form of protection for interests affecting unregistered land, such as easements or restrictive covenants.

When you register a caution against a piece of unregistered land, the Land Registry must give you notice of an application for first registration of this land. You might think of it like a digital tripwire.

How Can We Help?

If you are interested in registering your land, or entering a caution against first registration, please contact Hughes Paddison’s Residential Property Team at jkr@hughes-paddison.co.uk or on 01242 574 244.