More than 85 per cent of land in England and Wales is now registered with HM Land Registry; however large swathes of rural farmland remain unregistered. Land is often farmed by the same family for years and therefore no ‘trigger event’ arises which would require first registration.
Philip Taylor, Head of Residential Conveyancing and agricultural law specialist at Pearsons & Ward Solicitors in Malton explains when it is compulsory to register unregistered land and outlines the benefits and the pitfalls for those who do not.
All land or property must be registered with HM Land Registry if you have:
Farmers should be aware that agricultural land must also be registered with the Rural Land Register as well as HM Land Registry if any such ‘trigger events’ listed above arise.
Once your property is registered, HM Land Registry publishes information online, such as the names of owners; the price paid for the property; and a plan of the property’s boundaries. Your property might not be registered if you owned it before 1990 and have not mortgaged it since.
The benefits of registering your land include:
Possible pitfalls that can emerge if your land is unregistered include:
As well as the benefits of registering your property outlined above, you will also receive a 25 per cent reduction on your registration fee if you voluntarily apply compared to a compulsory first registration.
You can register your property yourself, but it is highly advisable to speak to Philip Taylor at Pearsons & Ward so that he can do it on your behalf to ensure that all the correct searches are carried out, the forms filled in properly and the scale plan accurately drawn, thus making sure you get good title to your property.
For more information on registering unregistered land, or any other enquiries regarding property or agricultural law, please contact Philip Taylor on 01653 692247 or email firstname.lastname@example.org to see how we can assist.