MY land has been passed through my family and I don’t think anyone has ever lodged it officially with Land Registry. Do I need to register it, at this point?
IF you purchased or acquired land or property many years ago then the original title deeds may still be unregistered. A large proportion of property and land in West Wales remains unregistered. Registration of land is the official recording of property ownership in Britain by HM Land Registry. The Land Register is the official ownership list for property in England and Wales. There are significant benefits to voluntarily registering your property and land, which include:
Reduced Land Registry fees if you voluntarily apply for first registration (25 percent reduction)
Proof of ownership – a state backed guarantee of title and an up-todate title plan evidencing the full extent of your property
Better protection against claims for adverse possession by squatters
Unregistered land is at higher risk of fraud
Making it easier and generally quicker to transfer - to sell or gift your property in the future. Generally making the conveyancing procedure easier
Helping to put your estate in good order for future generations
Providing an opportunity to resolve any anomalies – for example, regarding ownership and boundaries, which would have remain undiscovered without the title investigation
Deeds and documents can be lost, so registration offers you clarity and certainty. Once the title is registered, the title and title plan will be available online
For these reasons, it is advantageous to register voluntarily. Across the UK, there are areas of property and land which remain unregistered, because there has been no transaction (for example, a sale, mortgage, or a lease over seven years), to trigger registration. Your situation - where land has been passed from generation to generation and remains unregistered, is quite common. In some cases we have found, when considering the deeds, the property remains in the name of a deceased relative and action is needed to register the property in the name of the beneficiary. A simple search at the Land Registry can establish whether your land is registered.
■ JCP’s Commercial Property team is on hand for tailored and professional legal support. Call Lucy Luke on 01267 248883 or email: lucy.luke@ jcpsolicitors.co.uk
■ The question posed is based upon a hypothetical situation.