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14 ADVICE<br />
Voluntary First<br />
Registration of Title<br />
Titles to properties in England and Wales fall into two<br />
categories, registered and unregistered.<br />
Approximately 84% of all property titles are now registered<br />
and the Land Registry is keen to encourage<br />
voluntary first registration of the remaining 16%.<br />
The Land Registry offer a 25% reduction on its fees for such an application. If<br />
you own unregistered land then there are a number of reasons why you may<br />
wish to consider a voluntary registration.<br />
Since 1990 it has been compulsory to register land ownership. However, a trigger<br />
to do so only occurs when there is a sale of a property, a mortgage or some other<br />
change of ownership. There is a possibility that your property may be unregistered if<br />
it has not been sold, mortgaged or transferred for at least <strong>30</strong> years. There are many<br />
reasons why you should consider such an application: -<br />
• Registered titles come with a state backed guarantee and are more secure.<br />
Historically, title was proved by old deeds but a registered title is now recorded<br />
on a central register allowing you to have access to proof of ownership. Currently<br />
there are approximately 25 million titles registered on the Land Registry Database.<br />
• Registered land is less susceptible to property fraud due to the Land Registry<br />
identification procedures. If anyone attempts to make a claim on your land, the<br />
Land Registry will notify you of that application. If your title is unregistered the<br />
Land Registry do not know that you are the owner of the property and so cannot<br />
contact you.<br />
• Generally speaking, selling a property with a registered title simplifies the sale. It is<br />
not uncommon when selling an unregistered title to find there are issues with the<br />
title plans, descriptions of the property and even missing title documents which<br />
can delay the sale and even cause the sale to fall through leading to frustration,<br />
unnecessary expense and disappointment for all parties involved. If there are<br />
any issues with an unregistered title these will be resolved when a voluntary first<br />
application is made.<br />
• If the unregistered title documents to your property are destroyed, lost or stolen<br />
you would have to reconstruct the title which can be expensive and would require<br />
an application to the Land Registry for registration of title.<br />
For more information please contact office@okells-law.co.uk or<br />
telephone 01989 762009/01594 842242.<br />
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