Have you ever wondered what the role of The HM Land Registry is and how Land Registration affects you?

The Land Registry is the UK government department responsible for maintaining the Land Register for England and Wales. It records who owns land and property, and any interests affecting it. Essentially, it provides a reliable record of land ownership, which is crucial for buying, selling, and mortgaging property.  It safeguards property ownership worth trillions of pounds and enables lending transactions to be secured against property.

Land Registration was first introduced to England and Wales by legislation of 1862 and 1875. Those Acts provided only for voluntary registration of title, and few titles were registered until the Land Transfer Act 1897 made registration of title compulsory in dealings with land in the County of London. Under the Land Registration Act 1925 compulsory registration was gradually extended to cover the rest of the country. Since 1 December 1990, the whole of England and Wales has been subject to compulsory registration.  As compulsory registration only came into effect for Cornwall and Devon in 1990 there is still a substantial amount of unregistered land in the area.

If you bought your property before compulsory registration came in, then you will have an unregistered title.  If this is the case, then your proof that you own your property are your paper title deeds which should be held safely.  Any sale, gift or mortgage of an unregistered title will trigger a first registration.  There is nothing wrong with an unregistered title and you do not have to register an unregistered title in order to sell it however if you have an unregistered title you can apply to the HM Land Registry to voluntarily register the title.

  • Function:
    The Land Registry’s primary role is to register the ownership of land and property in England and Wales. 
  • Land Register:
    The Land Register is a public record that contains details about who owns specific pieces of land or property, including any mortgages or other interests affecting them. 
  • Importance:
    This registration process is vital for ensuring transparency and security in property transactions. It provides a definitive and guaranteed record of ownership, making it easier and safer to buy, sell, or mortgage property. 
  • Government Guarantee:
    The Land Register is backed by the UK government, meaning the information it contains is considered reliable and legally sound. 
  • Services:
    The Land Registry also provides various services related to land and property information, including searches of the register, official copies of documents, and information about property boundaries. 
  • Digital Records:
    The Land Registry’s records are digital, meaning they don’t rely on physical title deeds anymore. 

How much are The Land registry fees?

The Land Registry fees vary depending on the service and how it’s applied. Generally, registration fees are determined by the property’s value, with lower fees for smaller values and higher fees for larger values. Postal fees are typically higher than electronic (online) fees for the same service. Additionally, specific fees apply for services like official copies, exempt documents, and other applications. 

How do I prove ownership of my property?

The Land Registry keep a record of property ownership. If your property is registered, the official copies of the register and title plan are the official proof of ownership.

You can order official copies of the register and title plan for a property from GOV.UK website.

What are the benefits of land registration?

Once registered it is:

  • Easier to prove ownership. …
  • Investigating title is simpler and quicker. …
  • Class of title and a state-backed guarantee. …
  • Conveyancing is quicker and more straightforward. …
  • Third parties may prefer registered land. …
  • Protection against adverse possession. …
  • Protection against fraud

Do the Land Registry records show boundaries?

Yes, the Land Registry does record property boundaries, and this information is available through their title plans. However, it’s important to note that title plans typically show the general position of boundaries, not their exact location. 

Here’s a more detailed explanation:

  • Title Plans:
    These are maps that accompany a property’s title register and are part of the Land Registry’s records. 
  • General Boundaries:
    Title plans usually outline the extent of the registered land, often following visible boundary features like fences, walls, or hedges. 
  • Not Exact Boundaries:
    While title plans show boundaries, they are not always accurate to the millimetre. They are based on the Ordnance Survey’s (OS) mapping and may simplify the details. 
  • Legal Boundaries:
    Legal boundaries may not always follow visible features precisely. For example, a fence might be on the property line, but the legal boundary could be slightly inside the fence or on the other side. 
  • Need for Further Research:
    If you need to know the exact position of a boundary, title plans might not be enough. You might need to consult the original deeds or even a surveyor to determine the exact line. 
  • Title Plans and Boundaries:
    Title plans are a valuable tool for understanding the general extent of your property, but they are not a substitute for a detailed survey to determine the exact boundaries. 

Why would The Land Registry write to me?

You may get a letter (sometimes called a notice) from The Land Registry if someone applies to register a change that affects your property, for example if your neighbour wants to add a right of way that crosses part of your garden.

How to obtain information about property and land

You can search for land and property information on the GOV.UK website. You’ll need an email address and a debit or credit card to use this service.

What you can get

Land Registry documents are public documents, and you can apply for and download copies of a summary, title plan and title register for a property.

The property summary includes:

  • the property’s address – the address held by Royal Mail
  • the property description
  • the ‘tenure type’ – the type of ownership the property has e.g. freehold or leasehold.
  • whether there are any ‘restrictive covenants’ – promises to not do certain things with the land, like not building on a particular area.
  • whether there are any ‘easements’ – the rights of one piece of land over another, like a right of way.

To get details of any ‘restrictive covenants’ or ‘easements’ you’ll need to buy the title register.

The title register usually includes:

  • the title number
  • who owns the property
  • how much the property was last sold for
  • whether the property has a mortgage
  • details of any ‘restrictive covenants’ – promises to not do certain things with the land, like not building on a particular area
  • details of any ‘easements’ – the rights of one piece of land over another, like a right of way

In some cases, the title register will not include the details of the restrictive covenants or easements but will say which documents do.

How do I find out how much a property was last sold for?

In recent years the Land Registry have been recording sold prices in the register to a property and this data can be searched against on the GOV.UK website

The record shows the transaction history for each property and includes all the sold prices since the Land Registry have been recording the sold price on the register.

As The Land Registry are taking some time to complete applications at the moment  (particularly if that sale triggers a first registration) it could be some time though before a sold price for a property shows on the GOV.UK website as that is recorded when the Land Registry register the application for a transfer of a property.

For Land Registry matters, you should consult a legal professional, such as a solicitor or conveyancer, who specialises in property law and land registration. They can provide advice on a range of issues, including registering land for the first time, correcting errors in the register, dealing with objections, and protecting your property from fraud. 

Here’s why you might need legal advice and what a solicitor or conveyancer can help with:

  • First Registration:
    If you’re registering land or property for the first time, a solicitor or conveyancer can guide you through the process, ensuring all necessary documents are submitted correctly. 
  • Corrections and Disputes:
    If you believe there’s a mistake in the Land Register, a solicitor or conveyancer can help you understand your options for correcting the issue.
  • Property Fraud:
    Solicitors and Conveyancers can help you protect your property from fraud by advising on how to register restrictions or take other preventative measures. 
  • Boundary Disputes:
    If there’s a disagreement about property boundaries, a solicitor or conveyancer can help you gather evidence and present your case to the Land Registry. 
  • Unregistered Property:
    If your property is unregistered, a solicitor or conveyancer can guide you on the process of evidencing ownership and registering it. 

If you have any questions about land registration or need assistance with a property matter, please don’t hesitate to contact Louise Crockford for expert advice and support tailored to your situation.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.