1. By way of background in days gone by the Land Registry did not exist. Before the relatively recent introduction of the Land Registry all land or property owners held a set of hand written or typed title deeds. These “old fashioned” deeds whilst containing much legal wording and jargon were extremely important since no duplicates existed land if lost there were extreme difficulties in effecting a sale of the property.
2. The Land Registry was introduced to enable a simplified computerised register of all land ownership in England & Wales. Legislation set out when land and property owners had to submit their title deeds to the Land Registry to have their “old fashioned” deeds registered on the new computerised land register.
3. To avoid being swamped with millions of applications by land and property owners to register their title deeds with the Land Registry it was set out that the need to register deeds would only arise on a purchase or other dealing with the deeds. For example on the first sale of a property with “old fashioned” deeds( after introduction of the Land Registry) an obligation arises on the part of the purchaser to make an application to the Land Registry for first registration.
4. In short following the application for first registration the Land Registry convert the old deeds into the new computerised format. Any further dealings with the property thereafter will only utilise the new Land Registry computerised record of land ownership. The old fashioned deeds will not be required and become substantively redundant.
5. Over the years since introduction of the Land Registry the majority of properties in England & Wales have been sold or transferred requiring registration. The majority of properties are therefore now registered.
6. Rands Solicitors have direct computer links with the Land Registry and are able toreadily find out if a particular property is registered at the Land Registry. The Land Registry allocate a unique Title Number to each registered property.
7. What happens though if your property is not registered? If this is the case it must be that there has not been any sale or other registrable transfer of the property since introduction of the Land Registry.
8. It is important to note however that if any particular property is not registered this means that if anyone can produce the old fashioned deeds these are still good evidence of absolute ownership and will be sufficient to enable the deeds owner to effect a sale or otherwise deal with the property. The buyer from a seller with original deeds will then be required to apply for first registration at the Land Registry.
9. As a result the completeness of the Land Register grows with every first registration application lodged.
10. To recap therefore just because your deeds are not registered at the land Registry:
a. If you hold the old fashioned deeds these are perfectly good evidence of ownership and can be used to effect a sale or other dealing with the property.
b. If a property has not had its deeds submitted to the Land Registry this does not mean no one owns the property. Only that the deeds have never been lodged with the Registry.
If you require any advise in relation to your title deeds whether registered at the Land Registry or not then feel free to contact The specialist conveyancing Department of Rands Solicitors. Our staff have years of experience and are happy for you to pick our brains.
Call us on 01724 786272 during office hours for a no obligation chat or contact our experts for further information
Robert Taylor: robert@randssolicitors.co.uk Telephone 01724 786272
Megan Taylor: megantaylor@randssolicitors.co.uk Telephone 01724 786272
Danielle Johnson: danielle@randssolicitors.co.uk Telephone 01724 786272
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