Unregistered land and registration.

29 AUGUST 2023 10:00

Unregistered land is land that has not been recorded with HM Land Registry. This means that HM Land Registry does not hold any details for the property. Information about unregistered land can be found in physical deeds held by the owner of the property or the mortgage provider. However, when a property is registered it is given a unique ‘Title Number’ which is used to identify the property. Each property is then also given a unique ‘Title Register’, which gives details on who owns the property, and whether there are any charges or covenants, along with a ‘Title Plan’ outlining the boundaries of the land owned.

Compulsory first registration was introduced by the Land Registration Act 1925. The first compulsory registration area was Eastbourne in 1926 and this area now stands at 95% registered. However, the whole of England and Wales was subject to compulsory registration until 1990. It is estimated that approximately 15% of land in England and Wales is currently unregistered.

Although registration is now deemed compulsory, ultimately first registration only needs to take place when certain ‘trigger’ events take place. The most common of these trigger events include the sale of the property, a new mortgage, or the death of a sole owner. However, it is important to note that you do not have to wait for a ‘trigger’ event to happen, and you can choose to register your property at any time. This is known as voluntary registration and can have many benefits, including a reduction in HM Land Registry fees by 25%.

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