Unregistered Land: What It Means for Buyers and Sellers
Unregistered land is still more common than many people realise. While most properties in England and Wales are now registered with HM Land Registry, thousands of properties remain unregistered.
If you are buying, selling or transferring a property and discover that it is unregistered, you may be wondering what this means and whether it could affect your transaction.
The good news is that unregistered land is not uncommon, particularly where a property has remained in the same ownership for many years. However, it can involve additional legal work and may increase timescales during the conveyancing process.
What Is Unregistered Land?
Unregistered land is property that has not yet been recorded on HM Land Registry’s electronic register.
Instead of relying on a digital title register and title plan, ownership is evidenced through original paper title deeds and historic documents. These may include:
- Conveyances
- Transfers
- Mortgage deeds
- Plans
- Agreements
- Probate or assent documents
The number and age of these documents can vary significantly depending on the property and its ownership history.
Why Are Some Properties Still Unregistered?
HM Land Registry was established in 1925, but compulsory registration was introduced gradually across England and Wales.
As a result, properties that have not been sold, transferred or otherwise triggered compulsory registration for many years may still be unregistered today.
This is particularly common where:
- A property has remained within the same family for decades.
- The property has been inherited.
- Rural or agricultural land changes hands infrequently.
- There has been little recent mortgage or ownership activity.
How Can You Check Whether a Property or Land Is Registered?
If you are unsure whether a property is registered, there are several ways to find out.
- Search HM Land Registry – Using HM Land Registry’s online property information service, you can search an address and check whether a title number exists for the property.
- Review Your Property Documents – If you hold a bundle of original deeds rather than a title register, this may indicate that the property remains unregistered.
- Speak to a Conveyancing Solicitor – A conveyancing solicitor can carry out a quick Land Registry search and confirm the property’s registration status.
Will Buying an Unregistered Property Affect My Transaction?
An unregistered property can still be bought and sold in the normal way. However, transactions involving unregistered land often require additional legal work.
- More Detailed Title Investigation – Without a digital title register, your solicitor must carefully review the historic deeds to establish ownership and identify any rights, restrictions or potential issues affecting the property.
- First Registration Following Completion – Following completion, HM Land Registry must create a brand-new title record for the property through a process known as first registration. Because this is more complex than updating an existing title, it can take longer to complete.
- Additional Registration Costs – HM Land Registry applies a separate fee scale to first registrations, meaning registration fees may be higher than those for properties that are already registered.
Thinking of Selling an Unregistered Property or Unregistered Land?
If you are planning to sell an unregistered property, preparation is key.
Before putting the property on the market, try to:
- Locate all original title deeds.
- Check whether any documents are being held by your mortgage lender.
- Inform your estate agent.
- Notify your solicitor as early as possible.
Taking these steps early can help reduce delays once a buyer is found.
Should You Consider Voluntary First Registration?
If you know your property is unregistered but have no immediate plans to sell, you may wish to consider voluntary first registration.
The benefits can include:
- A secure electronic title record.
- Reduced risk of lost or damaged deeds.
- Simpler future property transactions.
- Early identification of any title issues.
- Greater certainty regarding ownership.
Registering the property before it is marketed for sale can often make the conveyancing process more straightforward and efficient.
About the Author
Jess is an integral part of our Residential Conveyancing Team in Garforth since September 2020 having qualified in May 2020 at Levi Solicitors. Jess completed her Law Degree and Legal Practice Course at The University of Huddersfield and has worked in conveyancing for over 8 years since graduating so has many years of experience. Jess has also worked on the panel of solicitors for two national builders and is familiar with New Build Purchases and Help to Buy Schemes.
How Thornton Jones Can Help
Whether you are:
- Buying an unregistered property
- Selling an unregistered property
- Transferring ownership
- Dealing with inherited property
- Considering voluntary first registration
Our experienced Conveyancing Team can guide you through every stage of the process.
We provide clear advice, practical solutions and proactive support to help ensure your transaction progresses as smoothly as possible.
Frequently Asked Questions
Unregistered land is property that has not been recorded on HM Land Registry’s electronic register and is instead evidenced through original title deeds.
For further advice, contact the specialist Residential Conveyancing Solicitors at Thornton Jones Solicitors.
Not necessarily. However, your solicitor will need to carry out a more detailed review of the title deeds to confirm ownership and identify any potential issues.
It can increase timescales both during the conveyancing process and following completion while HM Land Registry creates a new title record.
For more information on HM Land Registry delays read our blog here: Understanding the Current HM Land Registry Registration Delays
Yes. Property owners can apply for voluntary first registration even if they are not selling or transferring the property.
For further advice, contact the specialist Residential Conveyancing Solicitors at Thornton Jones Solicitors.
Missing deeds do not always prevent registration, but additional evidence may be required. It is advisable to seek legal advice as early as possible.
Contact Our Conveyancing Team
If you are buying, selling or dealing with an unregistered property, obtaining legal advice at an early stage can help avoid unnecessary complications and delays.
At Thornton Jones Solicitors, our experienced Conveyancing Team can assist with:
- Unregistered property transactions
- First registration applications
- Voluntary first registration
- Property transfers
- Assents and inherited property
- Residential conveyancing matters
For advice or assistance in relation to unregistered land please contact our team today on 01924 290 029 or via our online enquiry form.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
