The NFU CallFirst team speaks to many members whose title is held on paper title deeds who ask if they need to register their title.
From 2002 it became compulsory to register most new dealings of unregistered land in England and Wales; some common examples are on the transfer of land by sale, gift, on death or if the land is mortgaged. Leases of more than seven years must also be registered.
Approximately 70% of land in England and Wales is now registered on public registers held by HM Land Registry. But a significant proportion of land remains unregistered because it hasn’t yet been the subject of a triggering transaction.
There is nothing “wrong” with unregistered land. Both systems exist in parallel.
Registering land voluntarily
Landowners can voluntarily register their title at any time by making an application to HM Land Registry. The application process is complex and should be carried out by legal professionals. Land Registry fees are payable whenever land is registered.
Some people choose to voluntarily register their land for increased security – once registered there is no longer the worry of missing deeds. And as the owner’s details are known, they will be notified by the Land Registry if a third party seeks to make an application in relation to that land for example, a claim for adverse possession.
If members are aware of any missing documents or issues with their title, it may be advisable to apply for registration while the people who can give direct evidence about the history of the land can make statements in support.
Sometimes titles are registered in anticipation of a future sale or development for certainty and to facilitate the transaction.
NFU members can contact CallFirst for advice on land registration and tile queries as well as direct professional advice on farming, legal or technical issues. Call 0370 845 8458 to speak to a member of the team today.
More from NFUonline:
Town and village greens in England: preventing new registrations
