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Unregistered land is land which has an owner, but the details of ownership have never been registered at the Land Registry. This is more common with land that has been passed down through generations within the same family or business and particularly with rural and agricultural land. Land registration was introduced in 1925 and since 1990 all areas of England have been subject to compulsory registration so the amount of unregistered land continues to decrease.
Once the land is registered with the Land Registry, it is given a unique number, known as the ‘Title Number’, which distinguishes it from other registered land. The Land Registry also generates a document, referred to as the ‘Title Register’, and an Official Plan, which covers all relevant and up-to-date information about the land including: the owner’s identity ; details of any boundaries and public rights of ways; any restrictions affecting the land; the class of title by which the land is held; details of mortgages and leases affecting the land.
The registration of unregistered land becomes compulsory when a “trigger event” occurs. Trigger events include:
Alternatively, where no compulsory ‘trigger’ event has occurred, you can voluntarily apply to register your land. The advantage of doing so is a 25% discount in Land Registry first registration fees.
There are risks associated with unregistered land, including but not limited to the following:
If you wish to apply for first registration, whether compulsorily or voluntarily, you should use a Property Solicitor who has expertise in first registration. At Glanvilles LLP, our team of Property solicitors will be able to help you to register your land and will ensure the process is as straightforward as possible.