For free initial advice get in touch with our Conveyancing Solicitors. Even if the deeds to your land are lost, there are steps you can take as a seller to prove ownership.
These include getting a Statement of Truth prepared by a Solicitor with experience in first registrations. The statement will need to show what happened for the deeds to be lost. This should give you the best chance of being granted ownership, which makes selling unregistered land a much easier process. It really does depend on whether the title deeds are lost or not. If they are, this can significantly increase the time it will take to buy, or sell, the unregistered land.
You should also bear in mind that there are a number of steps to be taken and documents to supply in first registration. If you are selling your property and the plans are particularly unclear, the purchaser may require you to register the property before proceeding to exchange of contract.
This may delay the sale, whilst the Land Registry deal with the application for first registration. If a person has used unregistered property exclusively for an uninterrupted period of 12 years or more:. This quite often happens with parts of gardens that can be fenced off and used as part of the garden of a neighbouring property.
When the Land Registry receives an application for Adverse Possession, they are required to notify the legal owner, who may not have an automatic right to object to the application. The legal owners will be unknown to the Land Registry, who will likely not know who to serve the notice on. This opens up the possibility of fraudulent claims being made on unregistered land.
Property can pass to the Crown if legal ownership cannot be established following the death of the legal owner. If a property is registered, this would be avoided.
If the title deeds and documents go missing or are destroyed, you will likely find it difficult to prove you legally own your property. In order to register a property without title deeds, a conveyancer would need to reconstitute the deeds.
This involves putting together sufficient evidence to allow the Land Registry to determine if registration is possible. Each application will be determined on its individual facts. If your property remains unregistered, and you are concerned about the risks above, you can apply to the Land Registry voluntarily to register it. The Land Registry offer a discounted fee for this service. If you are planning on selling the property, it can make the process easier and quicker if you apply to register your property before putting it on the market.
It should be considered by anyone wishing to take steps to protect a registered property from a risk of fraud. This might be of particular importance where the owners do not reside at the property, however, owner-occupiers would equally benefit from this service. Once signed up, you will receive email alerts from the Land Registry when certain activity occurs on your monitored properties, for example, when official searches and applications are made.
If these activities are unexpected or concerning, the alert will allow and prompt you to take immediate action, as necessary. You can visit our Residential Property pages for more information around anything property related. For all your legal needs around your residential property please contact Associate Solicitor Lucy McCallum here or use the form in the sidebar of this page. Alternatively you can call us on Non-Accidental Injury Cases in Children.
What would you do if you had been told your child has had a non-accidental injury? What if you had no explanation for this injury and was then told your The firm have appointed Jennifer Martin to work within the There are many reasons why you may be thinking about buying a second home.
You may want to purchase a holiday home or perhaps an investment property to rent out This gives the address or description of the property, whether freehold or leasehold, names of owners, any mortgages secured against the property, any restrictions and rights affecting the property.
It provides clear details on all matters affecting the property, without having to refer to old deeds and documents. When the registered property is sold, the Land Registry will consider the application submitted on behalf of the purchaser to ensure correct documentation and evidence has been provided and will then update their records to indicate the change of owner. Where a piece of land is unregistered, it is compulsory to register it following a transaction such as transfer of ownership or a new mortgage.
The registration requirement was brought in over a number of years and the date at which it became compulsory varies between local authority areas. To sell an unregistered property you need to produce the physical title deeds. Of course, this can be complicated and will take some time, causing delays in the sale process. Clearly there is an advantage in dealing with a registered property over an unregistered property, in the ease with which you can obtain a copy of a title and details of ownership.
If a copy of a registered title is misplaced, a duplicate can be obtained from the Land Registry website in a matter of minutes. This will have little or no effect on any sale of a property. If the title to your property is not registered at the Land Registry, you can choose to register it at any time. A fee is payable to the Land Registry but a voluntary first registration fee is reduced compared to the fee payable for a compulsory first registration.
If your property is not registered you may want to plan ahead to ensure that if the time comes and you do want to sell, you have prepared the way for a smoother transaction by registering your property now.
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