What is ‘unregistered property’? - MLP Law

What is ‘unregistered property’?

  • Residential & Commercial Property
  • 15th Oct 2021

Unregistered property is property that has not been registered at the Land Registry. Registration of property with the Land Registry became a legal requirement between the mid-1950s and 1990 across the country depending on area. The effect is that all property in England and Wales must now be registered with the Land Registry in certain […]

By aleks

MLP Law

Unregistered property is property that has not been registered at the Land Registry.

Registration of property with the Land Registry became a legal requirement between the mid-1950s and 1990 across the country depending on area. The effect is that all property in England and Wales must now be registered with the Land Registry in certain circumstances, as follows;

1. On sale or gift of the property
2. On mortgage
3. On the grant of a lease for a term of more than 7 years

Whilst it is not compulsory to register your property with the Land Registry if you are not doing any of the above, there are benefits to doing so anyway.

Why should I register my property?

The Land Registry guarantees the title to your property once registered and this guarantee is government backed. This means that if any of the information recorded about your property with the Land Registry is inaccurate and causes you a loss you will not be left out of pocket.

The effect of registering your property with the Land Registry is that all of the deeds are stored electronically in one central place, and so if the originals are lost or destroyed you can still prove your ownership. It can be extremely difficult and time consuming for loved ones to sell a property after the owner has passed away if the property is unregistered and the title deeds cannot be found.

Registration can also help to protect against property fraud as you can register for property alerts should the Land Registry receive any applications affecting your property. It is also possible to enter on to the register an anti-fraud restriction which is an additional security measure we particularly recommend if your property is unoccupied for extended periods or is not your main residence. The restriction means that the property can only be transferred or mortgaged if your solicitor confirms they are entirely satisfied it is you who has authorised the transfer or mortgage.

Voluntary registration of a property also makes any future sale a much simpler process as some buyers will ask that the property is registered before they purchase, a process which can delay a sale by many months in some cases. Property owners who voluntarily register their property also benefit from a 25% discount in the Land Registry fee for registration.

How can we help?

If your property is unregistered, please contact Katie Mitchell, Licensed Conveyancer, today on 0161 926 1562 or send an email to katiem@mlplaw.co.uk and we can provide you with a free consultation and quote for the registration of your property at the Land Registry.

About the expert

Stephen Attree

Managing Partner

Stephen is the Owner of MLP Law and leads our Commercial, IP and Dispute Resolution teams which provide advice on all aspects of the law relating to mergers, acquisitions, financing, re-structuring, complex commercial contracts, standard trading terms, share options, shareholder and partnership agreements, commercial dispute resolution, joint venture and partnering arrangements, IT and Technology law, Intellectual Property, EU and competition law, Brexit and GDPR.

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