First Registration of Property

If you own a property that is not currently registered with HM Land Registry, then our conveyancing lawyers can help you with your first registration application.

It is a common misconception that all property in England and Wales is registered. In fact, the Land Register contains more than 26 million titles, showing evidence of ownership for more than 88% of the land mass of England and Wales.

There are, however, various reasons why a property may not be registered with the main one being that there has not been a transaction - for example a sale or mortgage - affecting that property since compulsory registration was introduced in Bristol, North Somerset and Somerset in the late 1980s. Indeed, if you bought your property elsewhere in the country before 1998 then your title may not be registered at HM Land Registry.

Disadvantages of owning an unregistered property

These include:-

• The risk that if all or part of the title deeds are lost, destroyed or forged it will be difficult for you to prove ownership.  
• If you decide to sell your unregistered property, the process of reviewing the original title deeds - which are often extensive handwritten documents that can be difficult to read and interpret – can be lengthy and time consuming.  
• When a loved one dies, it can be difficult to locate the full title deeds if their property is unregistered. If all or part of the deeds have been lost or misplaced it will be easier to submit an application for registration whilst the owner is alive and also to able to provide supporting evidence as to how the deeds became lost or misplaced.  
• There is also a higher fraud risk attached to unregistered properties. Fraudsters can assume your identity and attempt to sell or mortgage your property without your knowledge.

Benefits of registering your property with HM Land Registry

These are plentiful and include:-

• Creating a clear record of ownership, evidencing any matters that affect the property, which make it readily marketable.  A copy of the registered title can usually be downloaded from the Land Registry in seconds.  
• In addition to the registered title to the property, there will also be a title plan which provides evidence of the extent of the property and boundaries.  Boundary disputes, therefore, are less frequent, less costly to deal with, and are more easily defeated.  
• When a property is registered the State guarantees the legal estate is indeed vested in the registered owner. The information contained and provided by the Land Registry is guaranteed.  If it is proved that the information is subsequently incorrect, and an innocent party suffers loss, they can make a claim and will usually be compensated for the loss.  
• Adverse possession (commonly known as squatters rights) claims are much easier to defeat when a property has been registered.  
• Registered property can also be valued more quickly and inexpensively.  
• HM Land Registry offer reduced registration fees of 25% for voluntary registration applications.

Why use John Hodge Solicitors for the first registration of your property?

If you want a proactive service that completes your application in a timely and efficient manner, then come to John Hodge Solicitors. Our residential property specialists have unique local knowledge that affords them proper insight that will tackle issues head on and well before they become problems.

Efficiency, a personal service and a true commitment to working hard to get your property registered as soon as possible, is what we pride ourselves on.

We are Conveyancing Quality Scheme (CQS) accredited by the Law Society, providing assurance that our residential property services consistently meet the highest legal standards.

We have conveyancing lawyers across Bristol, North Somerset and Somerset with offices based in: Bridgwater, Clevedon, Wedmore, Weston-Super-Mare and Yatton. However, we can help you no matter your location in England and Wales and please do not hesitate to get in contact should you want a transparent, tailored estimate of charges.