First Registrations & Unregistered Land
Last updated on January 18th, 2024 at 03:41 pm
When do I need to register land?
Since 1997 all land or property must be registered with the Land Registry if you
- Buy it
- Inherit it
- Have it given
- Receive it in exchange for other land or property
- Take a mortgage on the property
It will probably not be registered if you, or the people you’re buying it from, bought the land or property before 1990, and no mortgage has been taken out since. You can register it voluntarily if you want to.
Agricultural land must also be registered with the Rural Land Register.
You need to advise Land Registry if you transfer property that is registered to you.
You don’t need to register leasehold land/property with 7 years or less left on the lease.
Land Registry publishes your details online and this will include your name, how much you paid for the land/property and a plan of it. You can’t usually opt out of this.
What if I buy land or property that is unregistered?
If you buy land or property that is unregistered, you’ll need to carry out a first registration of the land.
How can Graysons help me make a first registration of property?
Our property experts have carried out many first registrations and will make sure that the whole process runs smoothly.
We’ll need the deeds and a plan of the property you wish to register. The deeds should show the chain of ownership of the property and are proof that the current owner has the right to sell it. We’ll ensure that you understand any notes attached to the deeds or any rights or restrictions attached to the property.
Some of the procedures that we’ll need to carry out in order to make a first registration of your property are:
- Make a search of the Land Registry register to make sure your property isn’t already registered
- Apply for a search against all previous owners
- Complete and send the first registration application along with the relevant fee – which we will advise upon as it depends upon the value of your property
- Ensure the correct documents are completed, which can depend upon whether your property was bought or inherited
- Ensure that the correct forms are completed if there are unregistered interests in your property (such as short-term leases or rights of occupation)
- Send proof that you have paid stamp duty on the property
- Obtain and send a certified copy of the lease if you are registering leasehold property.
Should I register my land or property voluntarily?
You don’t need to register land or property that doesn’t fall within the requirements shown above. However, there are certain benefits to voluntary registration:
- It’s proof of the exact property or land that you own
- Details of ownership can’t be lost, so proving ownership is easier
- Selling the property is easier as the buyer, or their solicitor, can easily obtain a copy of the register, proving ownership and they don’t have to make a first registration.
How much does first registration cost?
This depends on the value of the property. Our property experts will obtain these costs for you.
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Graysons is accredited with the Law Society’s Conveyancing Quality standard, so you can rest assured that our expertise and quality of service is second to none.
