Shropshire Farming Talk: Answers to – almost – every question you have about registering your land

The Land Registry is a Government body that keeps a register of all registered in England and Wales, guaranteeing and protecting ownership of all types of property, from homes, to land and commercial property.

Is all property registered at Land Registry?

Prior to the existence of the Land Registry there was no central record of the ownership of land, and so the deeds to all properties were vital to prove ownership, and the rights that existed on, over and in connection with land. In 2018, Land Registry estimated that only 85% of land in England and Wales was registered, with the majority of the unregistered land being rural land that has never been sold or mortgaged.

Do I have to register my land?

In 1925, registration was made compulsory for certain parts of the country, and this was expanded until in 1998 all areas of England and Wales were subject to compulsory registration. However, registration is only compulsory when the land is dealt with in some way; for example if it is sold, mortgaged, or a long lease is created.

These application is are really important because the legal ownership of the interest in land is not transferred if the property is not registered within a certain time frame.

If you are buying unregistered land your solicitor will deal with the application to register after the purchase is completed.

Do you need to wait until you are involved in a transaction relating to the land to register it?

No, you can register your land at any point and there are many benefits to not waiting until registration is compulsory.

What are the benefits of registering my land?

There are many benefits to registering your land. Here are just a few...

• The Land Registry charge a fee for registering transactions, and first registration is no different. They have an aim to register all property in England and Wales by 2030 and in

order to encourage people to do this they offer a reduction of fees of 25% for voluntary registration.

• If you own land that has been passed down through the family you will be the most familiar with it. During the process of registering any application, the Land Registry can ask questions in order to satisfy themselves that they are happy to guarantee the ownership of the land. As the owner you will be best placed to answer these questions, or produce further evidence if necessary.

• When the Land Registry register a piece of land they guarantee that the ‘registered proprietor’ is the owner of the property. Having this state-backed registration helps to give you some extra protection against claims of adverse possession.

• If it is part of your succession plan to leave property to your loved ones after you pass, you will save them additional administration and costs if the land is already registered, giving your beneficiaries the benefit of the Land Registry guarantee.

• Registration removes the need for physical deeds. Proof of ownership of registered property take the form of a PDF download of a copy of the Land Registry’s register. Sometimes deeds can get lost, damaged or are unclear, so it is better to resolve any issues arising from this without the added time pressures of a purchase or mortgage. Once the land is registered proving your ownership of the property will no longer rely on ancient paper, parchment and vellum!

How do I register my land?

If you own unregistered land that you wish to register the first step is to locate your deeds. These might be held by the bank if you have mortgaged the property, it might be held by a solicitor, or you might have them in a safe place at home. The deeds need to be reviewed so that a chain of ownership can be established, before they are copied, certified and sent to Land Registry. The time for the application to be processed can be lengthy, at the time of writing the Land Registry is estimating registration times of between one and two years.

Eve Shrimpton, Agri Advisor.