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Do you know if your property is registered at the Land Registry or unregistered? If it is unregistered, will this cause a problem if you want to sell the property or leave it to your beneficiaries in their will?  Is there anything you should do?  The answer is that there is nothing wrong with having unregistered title deeds - they are still valid and will prove that you are the legal owner of the property.  However, we would always advise you to consider applying to the Land Registry for first registration before you want to sell or transfer your property as it may save time during the process if there are issues to resolve.

What is First Registration and Why Does it Matter?

First registration is the process of having the title deeds to your property submitted to the Land registry for recording onto a public register.  The register will have a clear description of the property and show that you are the legal owner.  The property will be assigned its own identifying “title number” and the register will also record any other matters that might affect the property e.g. any rights of way the property might benefit from, details of any restrictions on the use of the property and a list of any registered mortgages.

In short, registration provides protection and can prove invaluable if someone ever challenges your ownership, or if documents are lost or destroyed.  It also makes future property sales much simpler and typically less expensive.

When Does First Registration Happen?

Estimates may differ but it is believed between 12-15% of land in England and Wales is unregistered.  While most properties in urban areas are already registered, there are still many unregistered properties, particularly in rural areas.  First registration becomes compulsory when:

• You sell or transfer the property
• You mortgage the property
• You want to voluntarily register it (which often comes with a reduced fee)

The Detective Work Behind Registration

One of the most intriguing aspects of first registration is the detective work involved.  Property lawyers must piece together the property's ownership history, sometimes going back decades or even centuries.  They examine old deeds, maps, and legal documents to create an accurate picture of:

• The exact boundaries of the property
• Who has owned it over time
• Any rights of way or restrictions
• Mortgages or other financial claims

Sometimes this process uncovers fascinating historical quirks, like ancient rights of way, forgotten obligations to maintain church walls, or unusual restrictions dating back to Victorian times.

Common Surprises During First Registration

Property owners are often surprised to discover:

• Their property boundaries aren't exactly where they thought they were
• They share ownership of certain features with neighbours
• There are historical rights or restrictions they didn't know about
• Parts of their land might be subject to manorial rights or chancel repair liability

The Benefits of Modern Registration

Today's digital land registration system offers significant advantages over the old paper-based system:

• Online access to property information
• Faster property transactions
• Better protection against property fraud
• Clearer evidence of ownership rights
• Easier resolution of boundary disputes

For property owners, understanding first registration is crucial - it's not just a legal requirement but a valuable opportunity to secure and clarify their property rights for generations to come.  Whether you're buying an unregistered property or considering voluntary registration, taking this step helps contribute to a more transparent and efficient property system for everyone.

If you would like help in dealing with first registration of your property or more information, please contact Kieren Cross on 01945 898090 or This email address is being protected from spambots. You need JavaScript enabled to view it..