Voluntary Land Registration - A Simple Guide
Looking at title deeds to find out the history of any unregistered property's ownership can be a timely process
. However, if you apply to the Land Registry, you can ensure that your property is registered. A public record kept by the Land Registry will then show the boundaries of the property, its ownership and reveal any rights or reservations attached to the property.
Some events will trigger compulsory First Registration, such as if the property has changed ownership (if, for example, the property has been sold or mortgaged, or a lease that will last for more than 7 years created).
There is still over 30% of land in England and Wales which is yet to be registered. The Land Registry aims to lower this to 20% by 2012.
What do I gain from registering my property?
- The Land Registry entries act as proof that you are the owner of the property - the entries also include an official plan outlining the exact extent of your land.
- It will provide a greater safeguard against squatters and could help to avoid any disagreements over boundaries.
- When you come to sell your property it will be simpler, quicker and less expensive as your solicitor will usually be able to obtain a copy of your property register from the Land Registry website immediately.
- You do not have to worry about your deeds going missing or being destroyed.
- It can prevent you being the victim of a fraud as a result of copied title deeds
- Registering your property gives you an opportunity to sort out any inaccuracies or omissions in the title deeds
Why register now?
If you voluntarily register your property now, you are eligible for a 25% discount on the registration fee. The cost charged for a voluntary application will be calculated on a scale based on the value of the property, according to the principal fees scale (Scale 1) of the land registry, but this fee will be reduced by 25%.
What do I do now?
The best thing to do is to speak to property solicitors experienced in these matters - they should be able to find out fairly simply if your property has been registered at the Land Registry. If your property is registered they will be able to provide you with a copy of the registered entries at a minor charge.
However, if your property is currently unregistered, your property solicitors will then be able to assist you in making the application to have it registered voluntarily. If any problems arise whilst looking into the title deeds, your solicitors will help you sort these out whilst they are registering the property.
Most property solicitors will agree a fixed fee to make an Application for First Registration on your behalf. They can also then offer you the necessary legal advice and offer solutions to possible defects in your unregistered title.
by: Tim Bishop
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