Voluntary first registration of land

Voluntary first registration

Land registration has been around since 1862. However, although gradually phased in nationwide since then, around 13% of land in England and Wales remains unregistered. Much of this unregistered land is farmland, which, if registered, could simplify complicated titles. Unlike the guarantee of title provided by registration, owners of unregistered land must prove title through paper documents referred to as ‘deeds’. Voluntary first registration of land offers significant advantages for owners, including removing the reliance on deeds. So, for many years, the Land Registry has encouraged this process to avoid certain problems.

Benefits of voluntary first registration

Among the benefits of land registration are:

Guaranteed legal title

Registration provides guaranteed ownership of land upon registration. Accordingly, anyone suffering a loss because of an inaccurate registration can claim compensation.

The Land Registry produce an accurate plan of your land

The plan shows all land within your ownership. In addition, it shows the location of any rights of way and areas affected by other rights, covenants or restrictions.

The register acts as an authoritative record of ownership

The register can be helpful in a dispute relating to ownership of your land. See our dedicated pages on:

• Boundary disputes
• Adverse possession of unregistered land

The register records rights and restrictions affecting the land

The register sets out rights that third parties have over your land. It contains details of any restrictions or covenants affecting land use. Registering your land provides an opportunity to formalise these matters. To protect them, you can also ensure that any rights over neighbouring land are registered.

Applying for voluntary first registration

Voluntary first registration involves submitting the property title deeds and an application form to the Land Registry. The Land Registry fee is calculated on a banded basis by reference to the property value. Sometimes, title deeds are lost or destroyed. However, registration may still be possible depending on the circumstances, although the process is slightly more complicated.

We have considerable experience in voluntary first registration, including large estates and farmland, and can offer this service at a fixed fee. Please get in touch with Victoria Cranwell on 01225 462871 for further information.

See also: My title deeds are wrong: fixing mistakes at the Land Registry