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Investigation of Ownership – Land Registry Titles and Unregistered Land

As a matter of course during the conveyancing process we would have to investigate the title of a property before contracts are exchanged.

This is to ensure authenticity and allows us to anticipate any problems that may arise in the future and also ensure that the seller is legally entitled to transfer the property or land.

When you bought the property, were you made aware of all the possible benefits and burdens that are attached to the property?

If the title is registered at the Land Registry, we often find that the Register needs very careful consideration and often needs to be supplemented by associated deeds or documents from the title itself and often from adjoining titles.

We have the ability to use the Land Registry Portal which is a great assistance when carrying out our investigations. This is a service we can offer to you as an owner – or to look into the registered title of others and report on our findings.

When the title is not registered and has devolved through many hands and been divided and subdivided over the decades, the bundle of deeds should contain all the terms of ownership, though often found in many different places in the bundle and will require a legal eye to spot any potential issues. Fortunately, we have staff who have lived through the transition from unregistered to registered titles and are still familiar with the “old regimen” at AFG LAW.

There are also secondary sources of information that evidence land ownership that can be accessed. In some situations, there are further issues and questions that are raised or there may be circumstances where things are unclear, and you need an expert to conduct a thorough investigation of the land or property.

If you need any help with this area of land law, please contact our specialist property team which is led by Michael Morgan. We can help clients to find resolution in the most complex of cases. Michael is a senior property/land law solicitor now specialising in dealing with land and property investigation, disputes and litigation. Contact Michael on 01204 377632 or at michael.morgan@afglaw.co.uk

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