According to the Land Registration Act, registration of property or land was made compulsory since 1997. Ever since this Act was introduced, solicitors had to send all documents associated with the sale of any land/property to the Land Registry. In turn, the Registry would make a note of it in the public records. If the land is not registered or if it was purchased prior to this date, the owners have an obligation to register it.
More about unregistered land
This does not mean that unregistered land is not to be purchased! Non-registry of land generally happens when the last conveyance took place before 1997 and the owner might not have volunteered to register the property after that. Alternatively, the property could have been inherited from their parents or relatives. In such cases, solicitors should register the land with the authority before the completion of all conveyancing procedures.
Meet a Conveyancing Solicitor
If you are planning to purchase an unregistered land, it is always advisable to use the services of a solicitor. They will check and ensure that all the documents necessary for the registration of land is available. They will also help you in clearing any doubts associated with the conveyancing of the property. At Phew Conveyancing, you get perfect advice related to the registration of your property.
Documents required
If you are registering land, it is vital to collect all relevant deeds related to the property. All documents that reveal the sequence of ownership and the authority of the present owner to conveyance the property are called ‘deeds’. It may include documents such as transfers, conveyances, title deeds, grants of probate etc. If it is a leasehold property, you will have to submit the copy of the lease.
Importance of memoranda
Any memoranda associated with the property should be produced along with the other documents, as they will show the subdivisions of the land and will show the details if any part of the land has already been sold. You should also submit loan documentation, mortgage notes or confirmation of payments. The stamp duty paid during the time of each exchange of ownership should be also included with the other documents.
Rights on Land
The deeds will reveal the rights or restrictions associated with the property. The Land Registry will add this information to the registered title of the property. These rights will stay with the property, even after exchange; hence, it is vital information for any future owner.
Plan of Land
It is significant to include the plan of the property or land. This will help the Land Registry in determining the boundaries of the land. If the plan was not incorporated in the latest transaction, you can check for it in the ‘Root of Title’.
Root of Title
When you go through the contract, you will see a reference to the original conveyance, with an older date. This is called the ‘Root of Title’. This document reveals the interest and restrictions on the property. It is vital to find present and previous conveyances, grants of probate or transfers associated with the property. The Land Registry will want to see the chain from the first conveyancing to the latest transaction. Hence, it is important to find the whole of chain of conveyancing associated with the property in the contract.
Epitome of Title
‘Epitome of Title’ is a table that lists all the deeds associated with a property in chronological order, starting with ‘Root of Title’. This is significant, as the Land Registry can clearly understand entire the succession of ownership. You can also make use of it, to arrange and organise all the required deeds. If you are planning to register an unregistered property or if you have inherited a property, you can get the original epitome which will prove to be really helpful. Make sure it is complete and updated before you use it in the registration process.
In certain cases, you will have to make a new epitome and that
requires some effort. You will have to enter details of parties involved, titles and the dates in separate tables. Then, the particulars from your deed should also be included. No less than 15 years of ownership should be shown in any epitome.
How to register
If the land is being registered for the first time, you will have to
complete and submit the FR1 form to the Land Registry. You can download this form from the land registry website. The Epitome of Title and the required payments should be submitted with the form. You can get information on fees from the same website or from the local office.
The land registry might contact you for any further information; hence make sure you give your proper and complete address to the Registry.
Post-registration formalities
The Land Registry will contact you if any other documents are to be produced or after the successful registration of the property. The copy of the Registered Title will be duly sent to you after registration is complete.
Once you get the Registered Title, make sure all the information is accurate. For instance, check the spelling of your name, the dates and the location of the land. This is very significant for future conveyancing of the property. If your deeds have proved absolute ownership, then check whether you have been granted the ‘Absolute Title’. You will not get the Absolute Title in situations where you have inherited the property or when the series of ownership is incomplete. If it is a leasehold property, the Land Registry will check if the ‘Freehold Title’ of the property is registered. If it is not, Absolute Title will not be granted.
