Unregistered Land - The benefits of Voluntary Registration

You may be surprised to hear that approximately 13% of land and property is still not registered at Land Registry.

When HM Land Registry was formed in 1862, the process of registration was entirely voluntary. The implementation of the Land Registration Act 1925 then made it compulsory to register your title, rather than relying on dusty old property deeds as evidence of ownership.

As this legislation was passed over a century ago, you may well ask why so much land remains unregistered, with no central record of ownership. This is largely due to compulsory registration being implemented on a phased basis, with different areas of the country being given different deadlines for registration. Whilst many areas of the country, such as the whole of Surrey including Dorking, had a compulsory registration date of 15th March 1952, other areas such as Horsham had a much later date of 1st April 1986.

By the end of 1990 the whole of England and Wales was subject to the rules, and since that date it has been compulsory to register all land and property which is bought, sold, gifted or mortgaged. If you own a house in Horsham which has not been sold since before 1st April 1986, you may well be part of the 13%.

Whilst you are not required to register your house now, it is possible to do so on a voluntary basis and there are a number of significant benefits in doing so:

• Security - Registration helps protect against the risk of property fraud and safeguards against the original paper title deeds being lost, stolen, or damaged.

• Speed - You may be able to reduce delays when you come to sell. It is far easier to sell a property when you have a registered title, and you can avoid any anxiety a buyer may have regarding unregistered documents.

• Cost - If your property is unregistered it is likely that your legal fees will be significantly higher when you come to sell. As the process is more complex than dealing with registered land, the conveyancing fees are usually a lot higher and you'll need to find a solicitor with the expertise in handling unregistered land. By registering your property now, you can reduce future costs.

If you are unsure whether your property is registered, we are happy to check for you with no obligation or charge.

We have experience in both selling and buying unregistered property, as well as assisting clients with voluntary registration applications. If you'd like us to assist you with this please give us a call on 01403 613161 or email us at info@carrcobb.co.uk