When you own a home, you probably do not give much thought to how your ownership is officially recorded. However, the information held by HM Land Registry plays an important role in protecting property ownership and making future sales, mortgages and transfers easier to deal with.
Most homes in England and Wales are now registered, but some older properties remain unregistered. If you own one of these properties, you may come across the term first registration.
So, what does first registration mean, why might your property still be unregistered and is there any benefit in registering it before you decide to sell?
What is HM Land Registry?
HM Land Registry maintains the official register of land and property ownership in England and Wales.
For registered property, the title register records important information including the registered owner and certain rights, restrictions and charges affecting the property. A title plan also shows the general extent of the registered land.
Rather than relying entirely on a bundle of historic title deeds to demonstrate ownership, registered property benefits from a state-backed system of registration.
HM Land Registry describes the advantages of registration as including greater security of title, clearer information about rights affecting property and greater certainty and simplicity during conveyancing.
What Does First Registration Mean?
First registration is the process of registering a previously unregistered property with HM Land Registry for the first time.
An unregistered property is not necessarily a property without an owner. Instead, ownership has traditionally been established through historic title deeds and documents showing how the property has passed from one owner to another.
Some properties remain unregistered simply because they have been held by the same person or family for many years and no transaction has occurred that required registration.
When a first registration application is completed, HM Land Registry considers the evidence of ownership and creates an official registered title for the property.
When Does a Property Have to Be Registered?
If an unregistered property changes hands, first registration will usually become compulsory.
Government guidance states that land or property must be registered for the first time if it is unregistered when you take ownership of it or mortgage it.
There are several transactions that can trigger compulsory first registration. These can include transfers of unregistered freehold property and certain transfers or grants involving leasehold property.
This means first registration may arise when a property is:
- Bought or sold
- Transferred as a gift
- Inherited and transferred to a beneficiary
- Mortgaged
- Subject to certain qualifying leasehold transactions
If you own an unregistered property but none of these events has occurred, you may still be able to apply for voluntary first registration.
What Are the Benefits of Voluntary First Registration?
You do not necessarily have to wait until you sell your home before registering it.
HM Land Registry specifically encourages voluntary registration because it can:
- Provide official proof of ownership
- Help protect land and property against fraud
- Make it easier to sell, transfer or give away property in the future
Registering before you decide to sell can be particularly useful.
When an unregistered property is sold, the conveyancer may need to investigate a collection of historic deeds to establish ownership and identify the rights and restrictions affecting the property.
With registered property, much of the key title information has already been brought together within the Land Registry title.
Dealing with first registration in advance may therefore identify title problems before you have a buyer waiting for your sale to progress.
What Happens to Your Old Title Deeds?
People sometimes assume that registration means their old title deeds are no longer important.
HM Land Registry’s records are predominantly digital, and registered ownership is evidenced through the official register rather than by possessing the original paper deeds. Historic deeds may, however, still contain useful information about a property.
For an unregistered property, the original deeds can be particularly important because they provide the evidence needed to establish ownership when an application for first registration is made.
This is why old property documents should not simply be discarded.
If your property has never been registered and you have a bundle of historic deeds, keep them somewhere secure and let your solicitor examine them.
What If the Title Deeds Have Been Lost?
Missing title deeds do not necessarily make first registration impossible, but they can make the application more complicated.
HM Land Registry has a specific procedure for applications where deeds have been lost or destroyed. The applicant may need to provide additional evidence showing how the property was acquired and demonstrating their entitlement to be registered as owner.
Depending on the evidence available, the class of title granted may also need to be considered.
If you discover that the deeds to an unregistered property have been lost, obtaining legal advice sooner rather than waiting until you have agreed a sale can be sensible.
Resolving the position while there is no buyer or completion deadline can reduce pressure later.
Can First Registration Help When Selling a Property?
It can.
A registered title gives the buyer’s solicitor a clear starting point from which to investigate ownership of the property and the legal matters affecting it.
HM Land Registry itself identifies greater certainty and simplicity in conveyancing as one of the benefits of registered ownership.
With an unregistered property, the buyer’s conveyancer must instead examine the historic title documentation and establish that the seller has a satisfactory title to sell.
That does not mean an unregistered home cannot be sold. Many such transactions complete successfully.
However, carrying out a voluntary first registration before marketing the property can sometimes highlight issues such as missing documents, inconsistencies in historic deeds or uncertainty about the extent of the land before they have the opportunity to delay a live sale.
Does Land Registration Help Protect Against Property Fraud?
Registration can also provide additional safeguards against property fraud.
Government guidance identifies unregistered property as one of the circumstances that can increase the risk of property fraud.
Once your property is registered, you can also use HM Land Registry’s free Property Alert service.
Property Alert can notify you when certain applications or official searches are made against a property you are monitoring. It does not automatically prevent a fraudulent transaction, but it can alert you to activity so that you can take action if something looks suspicious.
Owners can monitor up to 10 properties free of charge.
This can be particularly worth considering if:
- You do not live at the property
- The property is rented to tenants
- The property is empty
- You live overseas
- The property does not have a mortgage
HM Land Registry identifies these circumstances, among others, as situations where an owner may face an increased risk of property fraud.
How Do I Know If My Property is Registered?
If you are uncertain whether your property has already been registered, this can be checked through HM Land Registry.
The Land Registry service allows information about properties in England and Wales to be searched, including the title register and title plan where available.
Properties that have not changed ownership or been mortgaged for a long time are more likely to remain unregistered, although the age of a property alone does not tell you whether registration has taken place.
Your solicitor can check the position and advise whether first registration is required or whether voluntary registration may be worthwhile.
What is Involved in a First Registration Application?
First registration requires more than simply supplying the property’s address.
The title must be investigated and evidence provided to HM Land Registry demonstrating the applicant’s ownership.
Depending on the property and its history, this may involve examining:
- Historic conveyances and transfers
- Mortgages and evidence that old mortgages have been discharged
- Probate or inheritance documents
- Plans showing the extent of the property
- Rights of way and other rights benefiting the property
- Covenants and restrictions affecting the land
- Leasehold documentation where applicable
- Other documents forming part of the property’s title
HM Land Registry’s public guidance also requires a first registration application, supporting documentation and, where necessary, a suitable plan showing the land being registered.
Because the title needs to be examined carefully, HM Land Registry itself notes that the process involves legal steps and can be complicated.
Should I Register My Property Before Selling?
If your property is currently unregistered and you are considering selling in the future, voluntary first registration may be worth discussing with a conveyancing solicitor.
Doing it in advance can provide an opportunity to establish the registered title without the deadlines that often arise once a buyer, mortgage lender and property chain are involved.
It can also give you the reassurance of knowing that your ownership is officially recorded and that important information about the title has been considered before the property goes onto the market.
Every property is different, particularly where historic deeds, inherited property, missing documentation or unusual rights are involved. Legal advice can therefore be valuable when deciding how best to proceed.
Speak to Harrison’s Solicitors About First Registration
If you own an unregistered property or are unsure about the registration status of your home, Harrison’s Solicitors can help you understand the position.
Our experienced residential property solicitors advise clients on property transactions including buying, selling, remortgaging and transfers of ownership.
Whether first registration has become necessary as part of a transaction or you are considering registering your property voluntarily before a future sale, obtaining advice early can help identify potential title issues and make the next steps clearer.
Contact Harrison’s Solicitors to discuss your property and find out how our conveyancing team can help.
This article provides general information relating to land registration in England and Wales and should not be treated as legal advice for an individual property or transaction.
