Why register?
Registering land brings some significant advantages for owners and currently the Land Registry is offering a 25% discount on their usual fees to encourage registration.
Around 40% of land in England and Wales remains unregistered despite registration being compulsory on the majority of land transactions.
Much of this unregistered land is farmland or forms part of large estates which if registered could simplify complicated titles and can often rectify long standing defects in the title.
Other benefits include:
- Legal title is guaranteed
Once your land is registered at the Land Registry, your ownership of that land is guaranteed and anyone suffering a loss as a result of inaccurate registration would be eligible for compensation. - The register acts as an up-to-date and authoritative public record of ownership
This can be particularly useful if a dispute relating to ownership of your land arises or if a neighbour encroaches onto your land. - There is a public record of rights and restrictions which affect the land
The register sets out any rights which others have over your land and also any restrictions relating to the use of the land. Registering your land provides an excellent opportunity to formalise rights of way or other rights. You can ensure that any rights you have over neighbouring land are registered in order to protect those rights. - The Land Registry produce an accurate plan of the land you own
The plan will show all the land included in your title and, if relevant, will also show rights of ways and areas affected by rights or restrictions. - Dealings with the land are often simplified as you effectively dispense with repeated and lengthy examinations of title
This can speed up transactions and save legal costs as your solicitor will be able to spend less time on preparation for a transaction.
There are also benefits derived from the registration process itself as before submitting an application for first registration a full audit of your land is carried out. If you have a large land holding which has been passed down through generations or if your land is subject to third party rights this can be particularly helpful.
To help you register, make sure you choose a legal firm with experience in registering large estates and farmland. They should offer a specialist first registration service at a fixed fee. The registration process itself can be relatively cheap and fees should depend on the complexity of the title rather than the size of the land holding.
For further information or advice contact Charlotte Price on 01392 685333 or email charlotte.price@foot-ansteys.co.uk
Published 22/08/2008.
