Unregistered Land and Voluntary First Registrations
Categories: NewsProperty and land are classed as either registered or unregistered land. It is now compulsory to register all property and land with the Land Registry at the point of every sale, transfer or mortgage.
Compulsory Registration did not apply in Shropshire until 1st April 1986. If you purchased your home (or any land) prior to that date and have not re-mortgaged at any time since, this will probably mean that your property remains unregistered.
A property that is unregistered does not mean it cannot be sold or be re-mortgaged, but it does mean that you could be more susceptible to fraud over your property and be more at risk of either having your deeds damaged, destroyed or lost.
Property fraud can occur in many ways. For example, fraudsters may attempt to acquire the ownership of a property by using forged documents or by impersonating the registered owner. The fraudsters could sell the property or raise money with a mortgage without the owner’s knowledge, leaving them to deal with the appalling consequences. You are more at risk if your identity has been stolen, if you rent out the property or if the property is empty or if it is not mortgaged. However, it is clear fraudsters are willing to target any property.
A Voluntary First Registration is a way in which you can effectively help protect your property against fraud and, once registered, the risk of having damaged, destroyed or lost deeds becomes much less of a worry due to the fact that the Land Registry will hold copies of all of the important deeds and documents safely on their digital system.
Registering your property is a good idea for several reasons:-
- It helps to protect against fraud, the Land Registry Register for your property can include an Anti-Fraud Restriction.
- You can sign up to HM Land Registry’s Property Alert system. This service alerts you if someone applies to change the Register of your property. It won’t block any changes but will alert you when something changes so you can take action. The service is free, and you can register to get alerts for up to 10 properties.
- There is no risk of damaged or destroyed deeds
- There is no risk of deeds being lost
- For complicated deed bundles, registering property assists in making the process of selling or re-mortgaging easier, the Land Registry do the difficult job of wading through the deeds bundle and will only add on to their Register the important information from the deeds, making the process of checking the title on a sale or re-mortgage far easier and quicker.
The added benefit of having your property registered is that an Anti-Fraud Restriction can be placed on the Register. This means that the Land Registry will require your specific confirmation or confirmation from your conveyancer that any application that tries to be registered over your property is a legitimate one. You will be able to stop any fraudulent activity effectively and easily before any real damage is done. This is particularly recommended if you do not live at the property (for example, it is rented out or if it is empty for significant periods
ORJ have conveyancers that are experienced in dealing with unregistered titles. They will be able to prepare and submit an application for Voluntary First Registration on your behalf. ORJ’s fees start at £650 plus VAT. An ID check fee at £12 per person would also need to be charged. The Land Registry itself charges a separate fee which is based on the value of the property and can range from £70 for a property up to the value of £80,000, to a fee of £830 for a property worth over £1,000,000.
ORJ Law Limited is a well-established law firm with offices in Stafford, Telford and Shrewsbury, providing legal advice to a wide range of clients. We regularly deal with properties in our local areas as well as properties all over the country. No matter if your property is on the coast, in the city or set in a countryside location, our conveyancers will have the knowledge and experience to effectively deal with any conveyancing transaction.
If you would like to discuss our services or obtain a no obligation quote, then please do not hesitate to contact us on either 01785 223440 or by email to team@orj.co.uk and we will be happy to assist.