Land registration is always a contentious issue and if it is not done properly then a whole myriad of issues and problems may arise. The Land Registry – the body that maintains a comprehensive register of title to freehold and leasehold land across the country - encourages all owners of property in England and Wales to register their land but approximately 30% of land remains unregistered.
Even though the majority of land has now been compulsory registered because it has been sold, mortgaged or remortgaged, many plots remain unregistered. This is particularly prevalent in rural areas because properties and land change hands much less frequently.
Here, Karen Yates, assistant solicitor in the property department at Clough & Willis summarises just some of the benefits of registering ownership:
1. Obtaining an up to date official record of who owns the land eliminates the need to examine the past history of the title
2. A registered title is guaranteed by the Land Registry. If somebody suffers a loss because of a mistake or an omission from the Register, they may be able to claim compensation
3. Where the title deeds to a property have been lost or destroyed, registering title can successfully re-establish who is the true legal owner of the property or land
4. Registering the title helps to prevent fraud which can occur where title deeds are copied or stolen
5. When a land owner comes to sell a property, if it has been registered, it is much quicker and easier to prove ownership
In order to encourage voluntary applications for registration, the Land Registry is now offering a 25% discount on their fee. The registration process itself varies in length of time and cost depending on the size of the property/land and its value, and the investigations required to prove your ownership.
Registering your land can also highlight any benefits of which you may not previously have been aware. In addition, it can identify precisely what land is owned. Old deeds often have plans that are incomplete and several documents can relate to one piece of land. Registering means that you will be provided with one complete plan showing the full extent of what you own.
Many property owners are cautious of registering their land due to fears that the Government will use the information for "big brother" type investigations. Other people simply feel that it is an unnecessary expense. However, the benefits of registration can far outweigh the burdens.
Another advantage to registering land is that it protects you against squatters or people trying to claim your land. It is easier to prove the full extent of your land plus reducing the possibility of any dispute. In addition, if anybody did seek to claim rights, the Land Registry would have your information and would be able to notify you of this claim thus giving you the opportunity to dispute it.
Karen commented; ’Registration is particularly important for agricultural land as it has usually stays within the same family for generations. In addition, informal agreements with neighbouring farmers and landowners may not have been properly documented. It may be that a family has occupied and used a field for several years following an informal agreement, but if this has not been formally documented, their rights could be challenged in the future. Registering your land creates a full and complete record of all the rights that you exercise and the land owned.
Karen concluded ’It is much better that problems with land are dealt with when there is no pressure, rather than them arising during a conveyancing transaction when any delay could put a sale at risk.’
