LEGAL

Is your property registered?

What you need to know about registering your property at Land Registry

Kirsty Szulc and the Heald Residential Department deal with residential and conveyancing matters whether you are buying or selling a property.

Artemis House, 4 Bramley Road Milton Keynes

The above information is for general guidance only and does not constitute legal advice. Heald Solicitors disclaims and excludes any liability in respect of the contents of this article or for action taken based on this information. If you need legal advice, please contact a solicitor. The Land Registry is the government organisation that records who owns land in England and Wales. Since 1862 they have been attempting to compile a comprehensive list of land ownership, with it becoming compulsory to register land if it’s sold or mortgaged in 1990.

By 2005 the Land Registry started programmes to encourage voluntary registration, however, in 2019, the Land Registry estimated that 14% of land and properties in England and Wales remained unregistered. We continue to help owners through this process, for land in Milton Keynes and further afield.

Why should you care? There are many benefits to registering your home.

• It greatly reduces the risk of someone fraudulently claiming your property as their own. It is much harder for people to claim adverse possession of registered land. The boundaries are fully defined on the registered title, meaning it’s a lot harder for fence lines to be moved and land gained by stealth by neighbours. With registered land, (assuming you keep the contact address up to date) the Land Registry knows who to contact if someone claims rights to your property. You can now include an email address, and also sign up to receive alerts if someone tries to deal with your property.

• It makes selling your house in the future much more straightforward. The registration process can be long and complex, potentially discouraging potential buyers. Dealing with missing deeds, registration gaps, or unclear plans now will stop problems in the future, especially if your knowledge of the property can be used to fix the gaps.

• Voluntary registration is cheaper than compulsory registration. For example, if your property is worth between £500,001 and £1,000,000, the voluntary registration fee is £495 rather than £655.

• The government provides a guarantee securing the title of the registered property, meaning you can be compensated if you are deprived of your title due to an error or omission in the register.

• The Land Registry holds titles electronically, meaning it is quick and easy to establish who owns the property, and there is no risk of deeds being lost or destroyed.

How do you know if your property is registered? If you purchased your home before 1990 and have not mortgaged it since then, there is a chance it is unregistered. You may have a file of old deeds relating to the property, which also could suggest it’s unregistered. If you are unsure, you can contact the Land Registry, who will be able to provide this information, or we can assist with this.

What if you’ve lost the title deeds? If you know your property is unregistered and some or all of the deeds have been lost or destroyed it’s important to try and rectify the problem as soon as possible. This is because the Land Registry will require a statement of truth explaining the reason for the missing deeds and your basis of ownership. If this is not done, it could lead to major issues if you want to sell or if, after your death your executors cannot prove ownership of the land.

If you would like to discuss registration of your unregistered property or would like some more information, call Kirsty or Elaine on 01908 662277.

For more information, please visit our wesite: www.healdlaw.com or scan the QR code on the left.