Everything you need to know about selling unregistered property with or without its Title Deeds
The process of selling unregistered property is often a lot more complicated than it would be for a typical registered property sale. There are issues of ownership that may arise, as the land registry will not have a record of who owns the property or land which can make selling more difficult. If you have just found out that your property is unregistered and wish to sell, you undoubtedly have questions. In this blog, our unregistered property conveyancing solicitors explain how you can sell a property that has not been registered at the land registry, as well as the perils of having unregistered property.
What does it mean when a property is unregistered?
An unregistered property is one which has not yet been registered with the land registry. The land registry is a database which includes information on who owns which properties and what is included in those properties. Instead of being held at the land registry, the owner will usually have this information on the title deeds and these should be handed over to new owners when the property is sold. Consequently, if you are not listed as a property’s owner at the land registry, you may not be legally recognised as the owner. In fact, if the seller’s name is still on the unregistered property’s title deeds, then they are still the property’s legal owner!
Is it compulsory to register land?
Before the Land Registration Act 2002 (which replaced the Land Registration Act 1925), registration was voluntary; following this act however, all property must be registered at the land registry. In order to ensure properties were registered, the government listed events which would require unregistered property to be registered, including:
- Voluntary registration by the owner
- Selling or transferring the property to another
- Granting a new lease
- Obtaining a mortgage
Unregistered land can cause problems and make it unclear who owns what, so it is therefore wise to register any unregistered property you own even if you don’t intend to sell yet. You will almost always need a solicitor to register a property. Call our solicitors today on 020 8840 6640 to book an appointment today.
How do I know if my property is unregistered?
You can check the land registry online to see if your property is registered.
Can I sell an unregistered property?
Fortunately, yes. You will need the title deeds for the property that state that you are its owner. The buyer’s conveyancing solicitor can then submit an application to register the property with the land registry. Alternatively, the buyer’s solicitor may request that the seller registers the property first before conducting the sale. Your solicitor will also likely need to produce an epitome of title before you can sell the property. Put simply, the epitome of title demonstrates how the property came into your hands by establishing an unbroken chain of ownership from a good “root of title.” The “root of title” is a document which states who previously owned the property at least 15 years ago. Your solicitor will use this as a starting point, and from there trace the manner in which ownership of the property has changed hands up until you came to own it, which will then prove that you lawfully own the property. If you can’t find the title deeds, you will need to explain to the land registry (with evidence) why the deeds are not available and prove to them that you are the genuine owner of the property. You will need to do this with an ST3 form (A statement of truth) and some accompanying evidence proving that you live at the property, such as:
- Utility bills
- Mortgage payments
- Electoral roll records
- A copy of the contract of sale
Doing so can be complicated and lead to significant delays in the conveyancing process – talk to our fast conveyancing solicitors for advice.
Who should register the property?
Either the buyer or seller may register the property. However, it is worth noting that registering a property can be a lengthy process – therefore, if you are a seller, it is wise to register the property before putting it onto the market in order to prevent deterring future buyers.
How do I register my property at the land registry?
If you’ve discovered that the property is unregistered, you should next apply for a search from the land charged department with a form K15. This will search the land charges against all previous owners since 1925. Once this has been done, you can fill in a form FR1 to apply for first registration for your property. This should then be sent to the land registry, along with a scale drawing of the property (if one is not included in the title deeds) and the registration fee. The fee will depend on your value of the property – see the government website for an updated fee. If you are purchasing an unregistered property, you should also send a transfer of whole of registered title form along with these other documents.
How long does it take to register a property with the land registry?
Registering property can take a frustratingly long time – while it is not possible to provide a definite timescale, it can take anywhere from 2 months to a year. In most cases, creating a new registered title can take between 6 and 9 months. For this reason, you may want to register your property before you intend to sell, in order to avoid delays in the conveyancing process. Book an appointment with our conveyancing solicitors today to have your property registered as soon as possible.
How much does it cost to register a property at the land registry?
The cost of registering property at the land registry will depend on the value of the property being registered. Fortunately, there are reduced fees for the first registration of most properties. You can find out how much it would cost to register your property on the government website.
Can I claim ownership of unregistered land?
If a piece of unregistered land is not being used by the owner but you have been using it for a prolonged period of time, you may be able to make a claim by way of adverse possession to the Land Registry. In order to do so, you will need to:
- Show proof that you alone have physical possession of the land – for example if you have put up fences to keep others out
- Prove that you intend to possess the land to the exclusion of others, including the owner
- Confirm that the property’s true owner has not given you consent to use the land
You must have had physical possession of the land without consent for at least 12 years to be able to make a claim. Once you’ve made your application, someone else can object to it and your application may fail unless the claim falls under one of the exemptions. However, if your claim succeeds, you will become the owner of that land. Making a claim by way of adverse possession is rarely straightforward – speak to our solicitors today to make sure you have the best case possible.
How Starck Uberoi Solicitors can help
At Starck Uberoi, our conveyancing solicitors have extensive experience in handling atypical property matters and unregistered property conveyancing is no exception. We have Law Society Accreditation under the Conveyancing Quality Scheme (CQS) and are well-known for our efficient and effective conveyancing services. To book an appointment with our London conveyancing lawyers, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk.
Our solicitors on Brentford High Street, are just a short walk away from Brentford railway station. Our Belgravia solicitors are located Just a 5 minute walk from Victoria tube station in Grosvenor Gardens. Our solicitors located in Ealing London are only a short walk from both Ealing Broadway and South Ealing and our solicitors in Richmond Surrey have the pleasure of overlooking the picturesque Richmond Green. Finally our solicitors in Canterbury Kent are located in the within the UNESCO World Heritage Site of Canterbury Cathedral.
Our partner, Raminder Uberoi, can also provide a Notary Public Service at any of our London offices.
Read more:
- Buying an Unmortgageable Property
- Auction Property Conveyancing
- Online Conveyancing Solicitors
