First registration of property or land

Do you currently own unregistered land or property? Your property might not be registered if you owned it before 1990 and have not mortgaged it since.  

If you own any unregistered property or land, there are a number of benefits to registering it. The benefits of registering under the Land Registration Act 2002 are that it supports property and land ownership by:

1.          Providing you with state-backed registration, giving greater security of title.

2.          Providing you with greater protection against the possibility of losing the title by adverse possession, for example ‘squatters rights’, where a person can register land if they have proved to be in ‘ownership’ of that land after a period of 12 years. Or, by protecting your property/land from fraud.

3.          Indemnifying proprietors (owners) against any loss if they are deprived of their state-backed title on rectification of the register.

4.          Introducing certainty and simplicity into conveyancing.

5.          Setting out, or referring in the register to all the rights that benefit and affect the title other than certain overriding interests. This includes interests that are binding on a property or land, even though they do not appear on the register of title, and that bind both the registered proprietor and any person who acquires an interest in the property or land.

6.          Showing the general extent of the land in each title by means of a title plan, which can avoid or reduce the chance of any boundary disputes.

7.          Ensuring that capital can circulate freely in the economy by making land readily available as security.

8.          Making large holdings of land and portfolios of charges readily marketable.

9.          Avoiding compulsory registration of land on a transfer (freehold or leasehold).

10.        Avoiding potentially difficult queries being raised by a future purchaser or mortgagee over the title.

All of the above points make registering land or property something certainly worth considering now, to ensure that you do not run across any potential difficulties in dealing with your property or land - making it easier to change, sell or give your property or land away - in the future. 

Higher costs for dealing with such matters could also possibly be avoided, as costs increase over the years. This would also become a guarantee that matters would be simplified and more straightforward for those who are left property and/or land during your lifetime, or upon your death.

Tracey Irvine is an Agriculture and Estates assistant based in our Colchester office. She is available to arrange a free 15 minute chat on 01206 217316, alternatively you can email her on [email protected] or contact a member of the team.