HM Land Registry are aiming to achieve comprehensive land registration across England and Wales by 2030. This is also a key target for the Government as it will help them in identifying areas suitable for housing development.
Registration is the official recording of property ownership. HM Land Registry records property ownership in the Land Register, which is the official ownership list for property in England and Wales.
Land and property are amongst the most valuable assets to an individual or a company, so it is not difficult to understand the importance of registration.
When can you register?
There are circumstances under which registration is compulsory, for example, when you transfer land, or grant/assign a lease for a term of more than 7 years.
Even if you don’t find yourself in circumstances where registration is compulsory, it is still recommended that you apply for voluntary registration to benefit from the advantages that come with registration.
Benefits
Land registration provides a state-backed guarantee securing the title to the Property. This means that should you be deprived of the title to your property owing to an error or omission in the register, or because the register needs to be corrected, you will normally be compensated.
Land registration helps you to protect your land from fraud and to resist third party applications for adverse possession (“squatter’s rights”) over your land and property. It also safeguards against the title deeds being lost, damaged or destroyed.
Registration makes it easier to buy and sell a property as all the property title information necessary for conveyancing will be held centrally by the Land Registry. This means it’s easier to check who owns property and what benefits and burdens are attached to the land. If the land isn’t registered, the conveyancer has to obtain the deeds from the client or mortgage lender and examine them, all of which costs time and money.
If some or all of the title deeds are missing, registration may make a title more acceptable (possibly backed up by a defective title indemnity policy
If you require assistance with registration of freehold or leasehold land, please contact Rosie Edwards in our Real Estate team, or email your query to realestate@herrington-carmichael.com; call us on 01276 686222 or visit our website https://www.herrington-carmichael.com/contact/.
This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter.
