Unregistered Land in the UK
The process of land registration in the UK was initiated in 1925 and became compulsory in 1985, transforming how land ownership is recorded and managed. Today, approximately 95% of UK land is registered, with each parcel assigned a unique title number and associated with individual title deeds. These deeds serve as the definitive record of the land, detailing critical information such as ownership, boundaries, any public rights of way and restrictions or conditions affecting the property, including the presence of dwellings or limitations on construction.
However, around 5% of UK land remains unregistered, often because its ownership has not changed since before registration became compulsory. In cases where unregistered land is sold, the buyer must initiate the process of first registration with the Land Registry. This step is crucial to formally establish legal ownership and ensure the land is recognised within the national register.
Navigating the complexities of unregistered land can be challenging, but our residential conveyancing solicitors are well-versed in handling these issues. Whether you’re purchasing unregistered land or need assistance with registration, our expert team is here to provide tailored advice and guide you through the process with confidence. Contact your trusted Brighton Solicitors today to learn how we can help
Frequently Asked Questions
Unregistered land can be purchased, and there is no requirement to register it before buying. However, the process of purchasing unregistered land can take longer than registered land due to the need for “First Registration” after completion and the need to check everything very carefully before contracts are exchanged and a date set for completion and to make sure the plan of the boundary is correct. If the land is unregistered, the new owner must register it for the first time with HM Land Registry, which is now compulsory upon any transfer of ownership.
The seller must provide the original title deeds to prove ownership, which we, as solicitors, carefully review to ensure everything is in order. If the land has changed hands in the last 15 years, previous title deeds must also be examined to confirm a clear chain of ownership. After the purchase is completed, your solicitor will handle the first registration, submitting the required documents, including the title deeds and the transfer document.
The Land Registry will then assess the documents and issue a registered title, assigning a unique title number to the land. While not mandatory before selling, registering the land ahead of time can be advantageous, especially since many solicitors are less familiar with unregistered land. However, it’s important to allow time for this process, as the Land Registry is currently experiencing delays.
The time it takes can vary depending on the complexity of the case and the workload of the Land Registry. You should be prepared to wait for some time before the land is registered. Common delays include problems with sourcing the original title deeds and finding an experienced solicitor to process the legal issues. We have extensive experience with unregistered land and will be able to get your name on the deeds in the shortest time possible. We’ll keep you informed every step of the way, allowing you to plan and look forward to being fully registered as the legal owner of your land.
Costs can include Land Registry fees, which are based on the value of the land, and solicitor fees for handling the registration process. There may also be costs for obtaining missing deeds or other necessary documents.
To register unregistered land, you will typically need original title deeds, documents showing the history of ownership (also known as an “abstract of title”) and any related legal documents like mortgages or conveyances. A solicitor can help you gather and submit these documents to the Land Registry.
Yes, but the process can be more complex. If the original deeds are lost or missing, you may need to provide other evidence of ownership, such as statutory declarations, and possibly undergo a more detailed investigation by the Land Registry.
Disputes over unregistered land can be challenging due to the lack of a formal record of ownership, particularly if they relate to boundaries because plans are often vague or unscaled or there is a claim of adverse possession. Resolving such disputes may involve gathering historical evidence, such as old maps or documents, and could require legal intervention to settle ownership claims.
Our Solicitor was a delight to work with, we never waited long for a reply. It felt like such a breeze to be her client, and she acted quickly in sorting our problem. Very professional and approachable. We were so pleased with their work we decided to make BB&C our conveyancers.
Get in touch
Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.