What is Voluntary First Registration?

If you own an unregistered property in England or Wales, you may be able to apply to HM Land Registry to have the property registered voluntarily. This is known as a voluntary first registration. Although registration is not always legally required immediately, voluntarily registering your property can provide greater certainty about ownership and make future transactions simpler.

What is first registration?

Most property in England and Wales is now registered with HM Land Registry. The Land Registry’s title register records important information about a property, including who owns it and whether there are mortgages, restrictions or other matters affecting the title. However, some properties remain unregistered. This is more common with properties that have not changed hands for many years, particularly where they have remained within the same family. When an unregistered property is sold, transferred or mortgaged, a transaction may trigger compulsory first registration. In other circumstances, the owner can choose to register the property voluntarily before a transaction takes place.

What does voluntary first registration involve?

A voluntary first registration involves making an application to HM Land Registry to register the property with them. The application generally requires evidence showing the property’s ownership and the history of the title. For an unregistered property, this is usually demonstrated through the property’s title deeds and other historical documents. We will typically review the deeds, establish the legal title and prepare the application for submission to HM Land Registry. Once the application has been completed, HM Land Registry will issue a registered title for the property. The title register will then provide an official record of ownership and other registered interests affecting the property.

Why voluntarily register a property?

There are several potential advantages to voluntary first registration:

1. Greater certainty over ownership

Registration provides an official record of who owns the property. This can give owners greater certainty and make it easier to demonstrate their title if questions arise in the future.

2. Easier future transactions

If you later decide to sell or mortgage the property, having a registered title can make the transaction more straightforward. A solicitor would then not necessarily need to reconstruct the property’s title from a collection of historical deeds at that stage.

3. Protecting important deeds

With an unregistered property, the original title deeds can be extremely important because they provide evidence of ownership and the history of the title. Voluntary registration can reduce the reliance on those physical documents as evidence of title. This can be particularly useful where deeds are old, difficult to store securely or at risk of being lost or damaged.

4. Identifying potential title issues

The registration process involves examining the property’s title. This may bring potential problems to light before they become an issue during a sale or remortgage. For example, the review may identify missing documents, inconsistencies in the deeds, rights affecting the property or uncertainty about the extent of the land. Discovering these issues early can give you more time to resolve them.

5. Cheaper registration fee

For voluntary first registrations, HM Land Registry charge a lower registration fee as an incentive to ensure as many of the properties in England and Wales are registered.

FAQs

Is first registration compulsory?

No. Voluntary first registration is optional. However, there are circumstances in which registration becomes compulsory. For example, certain transactions involving an unregistered property can trigger compulsory registration. If you are considering selling, transferring or mortgaging an unregistered property, it is therefore sensible to take legal advice before entering into the transaction.

How long does voluntary first registration take?

A straightforward application may be relatively simple, but applications involving older or complicated title deeds can require substantial investigation. HM Land Registry processing times can also vary depending on its workload and the complexity of the application. We can advise you about the likely timescale once they have reviewed the property’s deeds and circumstances.

What documents will be needed for voluntary first registration?

The precise documents required will depend on the property and its history. Typically, we will need to examine the original title deeds and documents showing how ownership has passed to the current owner. Other documents may also be relevant, depending on the circumstances, including deeds relating to rights of way, transfers, conveyances, mortgages or other interests affecting the property. It is therefore important to keep any original property deeds and related documents in a safe place and provide them when requested.

How much does voluntary first registration cost?

There are legal costs for reviewing the title and preparing the application, together with the applicable HM Land Registry fee. The amount will depend on factors such as the value and complexity of the property, the condition of the title deeds and whether any issues need to be investigated or resolved.

We can provide an estimate of the legal costs and registration fee after considering the particular circumstances of your property. There will also be some minimal disbursements to consider, which can be advised upon also.

Should I voluntarily register my property?

For some owners, voluntary registration is a sensible way of putting their property’s title in order before a future sale or remortgage. However, we would recommend this is considered to avoid future complexities.

The decision may be particularly worth considering if:

• The property has been unregistered for many years
• The original deeds are difficult to locate or protect
• You are considering selling or remortgaging in the future
• Ownership or the property’s title is complicated
• You want to identify and address any title issues in advance

People often consider voluntarily registering their property when they estate planning to ensure that any future sale or transfer is as easy as possible for the executors or beneficiaries of their will. We can discuss and explain whether voluntary first registration would be appropriate in your circumstances.

How we can help

Voluntary first registration can be a useful way of bringing an unregistered property’s title onto the Land Registry system and resolving potential issues before they become more significant. Our property solicitors can review your title deeds, advise on the registration process, identify any potential issues and prepare the application to HM Land Registry on your behalf.

If you own an unregistered property and are considering voluntary first registration, contact us for advice tailored to your circumstances. Reach out to us today by clicking the Request a Callback button below or give us a call on 01623 468 468.