First Registration with HM Land Registry

Are you buying or selling an unregistered property? At Mounteney Solicitors, our expert Land Registry Solicitors specialise in making the registration process smooth and hassle-free. We ensure all the necessary documents are accurately submitted to HM Land Registry, protecting your ownership and giving you peace of mind for the future.

Since the 1990s, the law has required all property transfers including sales, gifts and equity transfers need to be registered with the Land Registry within two months of completion. The Land Registry maintains the official record of property ownership in England and Wales, detailing legal owners, rights, covenants and any restrictions or charges.

However, properties that haven’t been sold, transferred, or mortgaged since this change may still be unregistered. Around 15% of UK properties remain unregistered, creating challenges when proving legal ownership, as there is no centralised record available.

Whether you need to register unregistered property as a standalone service or as part of our comprehensive fixed fee conveyancing service, our Land Registry Solicitors are here to help. We’ll guide you every step of the way to make the process stress-free and ensure your property is correctly registered, safeguarding your investment for the future.

Why do you need to Register your Property?

Registering your property with the Land Registry creates a clear and accessible record of ownership, making it much easier to prove legal ownership when needed. This is particularly important if you are planning to sell your property, as it simplifies the process and helps to avoid unnecessary delays.

When a property is registered, all key information, such as conditions, restrictions, and charges affecting the property, is stored securely in the Land Registry’s centralised database. This allows for instant access to critical details without the need to search through piles of old paperwork.

If your property is unregistered, proving ownership can be a complicated and time-consuming process. Locating and reviewing old deeds creates delays and increases the risk of overlooking important details. By registering your property now, you can protect your rights, streamline future transactions, and ensure peace of mind.

At Mounteney Solicitors, our specialist Land Registry Solicitors are here to guide you through the registration process with ease and efficiency. Whether you are registering property for the first time or as part of a sale, our team will handle every detail to ensure your ownership is securely recorded.

How can our Land Registry Solicitors Help?

At Mounteney Solicitors, we make the process of registering unregistered property simple and stress-free. Our experienced Land Registry Solicitors are skilled at reviewing and interpreting complex bundles of deeds to ensure every crucial detail is accounted for. This expertise helps identify any conditions or restrictions affecting the property that might go unnoticed by an untrained eye.

Once we have thoroughly reviewed the documentation, we prepare and submit all necessary paperwork to the Land Registry on your behalf. This includes the existing bundle of deeds and a new transfer document to formally register the property in your name. We also ensure that any relevant restrictions, rights, or covenants are correctly recorded on the new title.

Once registered, your property will be assigned a unique reference number, and the Land Registry will replace the old bundle of deeds with a streamlined document containing only the essential information. This data is securely stored on the Land Registry’s online portal, giving you instant access to your property details whenever needed.

What is Compulsory First Registration?

Compulsory First Registration is a legal requirement to register unregistered property or land with HM Land Registry under certain circumstances. These include purchasing, selling, or mortgaging unregistered property, as well as transferring ownership through inheritance, a will, or a gift.

Other scenarios that may trigger compulsory registration include:

• Creating a first legal mortgage on the property with priority over any existing charges.
• Granting or transferring a leasehold interest with more than seven years remaining on the term.

The process often requires significant documentation, such as possessory title and historic deeds, which can feel overwhelming. Our Land Registry Solicitors will guide you through every step, ensuring your application is completed accurately and efficiently.

We specialise in collecting evidence of possession, reviewing property details, and submitting a robust application to HM Land Registry, saving you time and effort while protecting your legal interests.

What is Voluntary First Registration?

Voluntary First Registration allows land or property owners to register their unregistered assets with HM Land Registry, even if it is not legally required. This proactive step offers several advantages, such as:

• Proof of ownership: A legal title confirming ownership and property boundaries.
• Fraud protection: Legal safeguards against property fraud.
• Simplified transactions: Easier sales, transfers, or mortgages in the future.
• Secure digital records: Title deeds stored safely online, accessible at any time.
• Cost savings: Reduced registration fees compared to compulsory first registration.

While the process usually takes up to 12 weeks, delays can occur due to backlogs, especially during busy periods. Acting early can help avoid potential complications.

At Mounteney Solicitors, our expert team makes voluntary registration smooth and straightforward. Whether you want to safeguard your property or prepare for a future sale, we are here to help.

What are the Benefits of Registering a Property?

Whether you’re in the process of buying or selling a property, there are numerous benefits of registering with the Land Registry, including:

• Safety: Registering will protect your title deeds from being lost, damaged, destroyed or stolen.
• Fraud protection: An unregistered property is at higher risk of fraud, as the fraudster could assume your identity and can sell or remortgage your property without your knowledge.
• Storage of contact details: The Land Registry will request an address for contact in addition to the property address being registered, so if they need to contact you regarding the property for any reason, your details will be on hand, and you will not miss out on any information regarding your property that could be crucial if you’re looking to make changes to or sell it.
• Fewer delays when selling: Having everything available on the Land Registry means there will be no absent documents or discrepancies with the deeds, so there is no risk of having to pay costs to deal with missing information.
• Reduced costs when selling: If you voluntarily register your property with the Land Registry, there is a 25% reduction in their fees. It will also reduce your fees with a conveyancing solicitor upon sale as they will not need to review lengthy deeds and documents.

What are the Issues with an Unregistered Property?

There are numerous risks associated with buying an unregistered property, which can slow down the sale process and increase costs:

• Uncertain boundaries: Old title deeds often lack details like scale, North point and adjoining property boundaries. If you plan to sell, it can be costly if any plans you hold are later found to be incorrect during the registration process.
• Adverse possession (squatter’s rights): Using unregistered land exclusively for 12 years without objection, permission or payment can lead to an Adverse Possession claim. The Land Registry must notify the legal owner, but if unknown, this can cause fraudulent claims and delays.
• Lost title deeds: If title deeds are missing, proving ownership is challenging. A conveyancer can reconstitute the deeds, which is costly and time-consuming. A living legal owner can provide a Statement of Truth about the lost deeds, aiding in the registration and sale of unregistered land.
• Properties passing to the Crown: If a property is unregistered and the legal owner dies, the property could pass into Crown ownership as establishing legal ownership can be extremely difficult.

Failing to register your property can expose you to these risks, complicating property transactions and potentially leading to financial losses. To avoid these issues, begin the process of registering your property today.

Once we begin the process, we expect to submit papers to the Land Registry within a week of taking your instructions. First registrations can take several months, depending on how busy the Land Registry is. If particular applications are urgent, we can communicate this to the Land Registry, who will cooperate upon reasonable request.

How Much Does it Cost to Instruct our Land Registry Solicitors?

Your supplier is CLC-regulated Mounteney Conveyancers Ltd, which charges VAT that some customers may be able to reclaim.

We charge our work at a fixed fee of £900, including VAT = £1,080.

There will be additional fees charged by the Land Registry for dealing with this, determined by the current market value of your property. A typical example is a property worth £270,000, which would attract total Land Registry fees of £280.

There is more about our fees on our website.

If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.

Mounteney Solicitors provides exceptional legal services across Manchester and Stockport. Working from our offices in Bramhall, Cheadle, Hazel Grove and Heald Green, we have an in-depth knowledge of registering property and the documents the Land Registry requires to enable a smooth and easy transaction.

Our repeat clients are a testament to the high standards we deliver. They put their trust and confidence in us to always offer the highest standards of commitment and professionalism we give each and every one of our clients, new or old.

Contact solicitors in Stockport today for expert legal guidance from a specialist team of solicitors for registering unregistered land and property. We pride ourselves on offering unsurpassed advice and services in our focus areas and delivering a clear understanding of the Land Registry registration process. We eagerly await your call.