What is a first registration? If you’re a landowner, read on

The Land Registry holds a register of ownership of more than 26 million titles, covering around 88% of land in England and Wales. If your land is amongst those 26 million titles, then misplacing your paper deeds shouldn’t be much of a worry; further copies can be downloaded from the Land Registry. However, if your land or property is not yet registered (unregistered), the loss or destruction of your deeds can be a huge problem, causing issues when coming to sell or raise a mortgage. Consider a large farm which has been passed from generation to generation; the title deed bundles for these properties can be very large, and they’re fragile – vulnerable to fire and water damage in particular. If these deeds are lost or destroyed, proving ownership in order to raise working capital for the business, for example, can be very difficult. The Land Registry’s MapSearch is free to use. This is a good indicator as to whether your land has a registered title number. A further search (with a charge) can be carried out to definitively confirm the issue for you, and we can assist you with this.

If you sell your land or property, or raise a mortgage against it, these events will trigger a compulsory first registration. You don’t have to wait for these events to happen though; we’d advise a voluntary registration.

What are the benefits of registering my land?

• It can provide proof of legal ownership, by way of a title register. Copies of title deeds can be requested from the Land Registry for a small fee, and are usually delivered electronically • A title plan will show the extent of your ownership, with general boundaries edged in red • The Land Registry will grant and guarantee a class of title to the land (absolute title being the best available) • Any issues with the title can be identified and resolved before the registration application • Reduces the risk and potential financial loss if title deeds are misplaced or destroyed • Registration helps to protect your land from fraud, claims of adverse possession and squatters’ rights. Once registered, you can set up an alert which would notify you should someone try to register a transfer or mortgage against your land • Makes it easier to sell or gift your property, saving time and costs • Future generations, who may have limited knowledge of the property, will not be left to deal with any issues at a later date • Land Registry fees for voluntary registration are lower than those for compulsory registration How can I register my land?

An application will be prepared and submitted to the Land Registry with your deeds (or a statement of truth where the deeds are not available). We can prepare and submit this on your behalf.

What if I have lost my title deeds?

We’re still able to help. Our team can assist with drafting a statement of truth and submit it to the Land Registry along with other supporting documents. We can liaise with the Registry until the application is decided. If a decision needs to be appealed, we can help with this too. A decision can take some time – upwards of a year – so if you have plans to raise any capital against your land, or may be looking to auction or sell any part of it, the time to act is now.

How to contact us If you would like to discuss the registration of your land, please contact Faye Moore at Crombie Wilkinson Solicitors on 01653 600070. We have a team ready to help.