First Registration of land

Most land or property in England and Wales is now recorded at HM Land Registry, which maintains a central database showing who owns each property and the rights and covenants affecting it. Once registered, each property then has its on “title” which means the owner receives a unique title number and an official copy of the title confirming ownership.

However, there are still many properties that have never been registered. These are known as unregistered property. In these cases, ownership is proved using the original paper title deeds, which show the historic chain of ownership.

If you own land that has not yet been registered, you may need to make an application for first registration of land.

Our experienced property solicitors can guide you through the process of registering your property with HM Land Registry, ensuring the application is prepared correctly and supported by the appropriate documents.

What is First Registration of Land?

First registration of land is the process of registering ownership of land or property with HM Land Registry for the first time.

Historically, ownership was proved by holding the original title deeds. These documents show how ownership of the property passed from one owner to another over time.

When you apply to register land for the first time, these historic documents are submitted to the Land Registry as proof of ownership. Once the application is accepted, the Land Registry creates a registered title, which replaces the need to rely on historic deeds.

This system makes property ownership clearer and more secure.

When is First Registration Required?

In many situations, it is compulsory to register a property following a property transaction. This is known as compulsory registration.

For example, registration is usually required when:

• A property is sold
• A mortgage is granted
• A lease is granted for more than seven years
• Land is transferred or gifted
• Property is inherited following probate

In these cases, the solicitor handling the transaction will normally submit the application for first registration to HM Land Registry after completion.

However, some properties have not changed ownership for many years and remain unregistered.

Voluntary First Registration

If your property has not been sold or transferred for many years, it may still be an unregistered property.

In these circumstances, you can choose to apply to register the land voluntarily. This is known as voluntary first registration of land.

Voluntary registration can offer a number of advantages:

• Your ownership is formally recorded with HM Land Registry
• The risk of losing the original title deeds is reduced
• It becomes easier to sell or transfer the property in future
• Your ownership record is easier to verify
• The risk of “property fraud” is reduced

To begin the process, a solicitor prepares the application for first registration and submits the relevant documents to HM Land Registry.

Checking Whether Your Property is Registered

If you are unsure whether your property is registered, you can search the Land Registry database online.

This allows you to check whether a registered title exists and obtain a copy of the title if the property is registered.

If the property does not appear in the register, it may be an unregistered property and may require first registration of land.

It is particularly important to check if your property has not changed ownership for many years.

Documents Needed for First Registration

When preparing an application for first registration, the Land Registry requires documents that show the ownership history of the property. The Land Registry say a good “root of title”, that is a document which is sufficient evidence of ownership, must be at least 15 years old.

The most important documents are usually the original title deeds.

These deeds demonstrate how the property has been owned over time and act as proof of ownership.

Other documents that may be required include:

• Historic conveyances or transfers
• A copy of the lease if the property is leasehold
• Mortgage documents
• Probate documents if the property was inherited
• Plans showing the property boundaries
• A certified copy of relevant documents if originals cannot be provided

The Land Registry reviews these documents to ensure that the application is registration based on a valid chain of ownership.

What Happens if the Title Deeds Are Lost?

Sometimes the original title deeds have been lost or destroyed before the property has been registered.

Where this happens, the an application for first registration of title can become more complex but it is still possible. Additional evidence may be needed to demonstrate ownership of the property. The application is often referred to as “reconstruction of title” or a “Lost title application”.

This may involve:

• Providing a detailed explanation of how the deeds were lost
• Preparing statements or statutory declarations
• Obtaining copies of documents from lenders or previous solicitors
• Providing supporting evidence from the occupier of the property or neighbouring properties

In some situations, an application may need to rely on legal principles such as adverse possession or other supporting evidence.

This type of application often requires careful preparation to satisfy HM Land Registry that the applicant has the right to register land.

The Application Process

The process of registering the title to a  property usually involves several stages.

First, the solicitor gathers the relevant documents, including the original title deeds and any supporting evidence.

Next, the solicitor prepares the application for first registration in accordance with the Land Registry’s practice guide.

The application is then submitted to HM Land Registry together with the supporting documents and the required registration fee.

In some cases, the Land Registry may request further information or clarification before completing the registration. In some cases, the Land Registry will wish to send a surveyor to inspect the property before completing an application. Such inspections are common with applications for adverse possession or for reconstruction of title

Once approved, the Land Registry creates a registered title and issues an official copy of the title confirming ownership.

Property Fraud and Why Registration Matters

Properties that remain unregistered property can sometimes be more vulnerable to fraud.

Without a registered title, ownership is proved using physical documents such as the original title deeds. If those documents are lost or misused, it may create opportunities for fraudulent activity.

Once the property is registered, ownership is recorded digitally with HM Land Registry, providing greater security. Property owners can also apply to place “Restrictions” on title as a further attempt to prevent property fraud.

Property owners can also sign up to the Land Registry’s Property Alert service, which helps monitor activity affecting a property.

This can be particularly useful where a property is mortgage-free or where it has not been sold for many years.

How AFG Law Can Help

Preparing an application for first registration can involve reviewing historic documents and ensuring that the ownership history is properly documented.

Our experienced property solicitors can assist you with:

• Checking whether your land or property is registered
• Reviewing the original title deeds
• Preparing the application for first registration
• Gathering supporting documents such as a copy of the lease or certified copy documents
• Liaising with HM Land Registry during the registration process
• Assisting where deeds have been lost and reconstruction is required

We regularly assist clients across England and Wales with first registration of land and other Land Registry applications.

Contact Our Property Solicitors

If you believe you own unregistered property or would like advice about first registration of land, our commercial property lawyers would be happy to assist.

Call our team today on 01204 920108 or email commercialpropertyenquiries@afglaw.co.uk to discuss your situation.

Early advice can help ensure the application to HM Land Registry is prepared correctly and that your ownership of the property is properly recorded.