An unregistered property is a property that has not been recorded in the Land Registry. This means there is no official record of the ownership, boundaries, or any interests (like mortgages or easements) in the property maintained by the Land Registry.
If you have an office copy or a title number, your property is registered, and the plan provided by HM Land Registry should display the full extent of the land or property within your ownership. If you still possess all the original conveyance deeds and documents dating back many years, your property might be unregistered. If you are unsure, our real estate team can check with the HM Land Registry. Historically all land in England and Wales was unregistered, although the Land Registration Act 1925 introduced a phased system of Land Registration meaning that upon a trigger event land became compulsorily registrable. This phased system meant that by 1990 all land throughout the country was registrable on a trigger event.
Triggers for registering a commercial property
- Sale or transfer of ownership: When a commercial property is sold or its ownership is transferred, it must be registered with the Land Registry.
- Mortgage: If a mortgage is taken out on an unregistered property, the property must be registered as part of the mortgage process.
- Lease: Granting a lease for more than seven years requires registration.
- Court order: A court may order the registration of a property in certain circumstances.
Why is it a good idea to register a property?
- Registration provides a clear and official record of ownership, which can help resolve disputes and provides legal certainty. It is a more secure way of proving ownership as there is always a risk that documents proving ownership of a property could be lost or destroyed.
- The Land Registry maintains a secure record, which helps protect against property fraud.
- If a property is registered it can be bought, sold, or mortgaged more easily since the Land Registry records all relevant details.
- If an owner is seeking to consider development or obtaining planning permission the process will be a lot smoother if it is registered, registration provides clarity about the property’s legal status, including any charges, rights, or restrictions.
- Boundaries are clearly defined on the Land Registry title plan that is produced on first registration.
- It is common on a sale of a property for the buyer to insist that title is registered before a sale proceeds. A voluntary registration can help prevent these delays.
- The Land Registry offer a discount for voluntary first registration as opposed to the fee payable on a trigger event.
How can a solicitor help me register my property?
Stephensons has carried out numerous property registrations. We will carry out the checks, including title searches, to ensure there are no issues or disputes related to the property. We will then prepare the application forms and supporting evidence, for submission to the Land Registry. The team will compile and examine the title deeds to ensure they are enough for registration. We will prepare an Epitome of Title, which documents all relevant deeds needed for the registration. We will carry out a land charges search against the owner(s) to check for any existing charges or interests that might affect the property and carry out a search of the index map to ensure there is no caution registered against the land/property for first registration. Once satisfied of this, we will submit the application to the Land Registry and handle any queries or issues that arise during the registration process.
We will guide you through the process and let you know of any requirements to ensure registration. When the registration is complete you will have secured your legal title to the property and simplified future dealings with the property.
If you need help registering a property call our expert commercial property team on 0161 696 6174.
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