First registration of unregistered land in England and Wales

When first registration is compulsory

HM Land Registry’s practice guide 1 lists the events (section 4 of the Act) that trigger the “requirement of registration”:

GOV.UK sums it up for owners: you must register if you have bought, been given, inherited or received in exchange a property, or mortgaged it.

The 2-month deadline and what happens if you miss it

• The application must be made within 2 months of completion of the transaction (section 6(4)).
• If not, the transaction becomes void as regards the legal estate (section 7): on a transfer or assent, the legal title reverts to the transferor, who holds it on a bare trust for the new owner; a lease or mortgage takes effect only as a contract to grant it.
• HM Land Registry can extend the period on application if there is good reason (section 6(5)). A late application should include a request for an order and an explanation of the delay, and up-to-date Land Charges searches.

When a mortgage triggers registration, the lender can apply in the owner’s name, even without the owner’s consent.

Voluntary first registration

An owner can register an unregistered freehold, or a lease with more than 7 years left, at any time (section 3). HM Land Registry lists the benefits of registration: a state-backed title, an indemnity if the owner is deprived of a registered title, greater protection against adverse possession, and a title plan. GOV.UK adds that registering voluntarily helps protect land from fraud and makes it easier to sell or give it away: see property fraud protection.

Voluntary registration is “particularly useful” before a sale or mortgage when the deeds have been lost or destroyed, according to practice guide 1. An executor or administrator can also register voluntarily before the estate is dealt with, but not in the name of the person who died.

How to apply

GOV.UK’s steps:

1. Search the register to check the property is not already registered.
2. Search the Land Charges Department (form K15) against previous owners. HM Land Registry asks for searches against the seller and other owners since the last sale, and, for a voluntary application, against the applicant.
3. Fill in form FR1.
4. Prepare a scale plan if the deeds do not show the extent of the land.
5. List the documents on form DL, in duplicate.
6. Send the deeds, the forms (with ID1 identity evidence if you apply without a conveyancer, DI for disclosable overriding interests such as short leases, and the SDLT or LTT certificate where one applies) and the fee.

HM Land Registry now scans most first registration deeds on receipt and returns the originals to keep until the application is completed.

Class of title

Where a deed known to contain restrictive covenants is missing, HM Land Registry may make a protective entry: see restrictive covenants and easements.

Fees (Scale 1, HM Land Registry)

The fee is based on the price if the application follows a sale within the past year. Gifts, assents, exchanges, first mortgages, transfers of a share and sales more than a year old are charged on the current market value. Applications based on adverse possession or lost deeds count as voluntary. An inspection, when needed, costs £40 more.

Scotland and Northern Ireland

HM Land Registry deals only with England and Wales. In Scotland, land is registered by Registers of Scotland; in Northern Ireland, by Land and Property Services, which also runs the Registry of Deeds for land not yet on the Land Register: see the title register. Payotte did not review their first registration rules for this guide.

Which professional to consult

A conveyancer prepares the epitome of title, the searches and form FR1 on a purchase of unregistered land, and deals with lost deeds or a late application. A surveyor can draw the scale plan where the deeds do not identify the land. When you buy, the steps are part of conveyancing.