Registered and Unregistered Land

Unregistered Land This system is gradually being phased out as properties are now registered when there is a change of ownership. A record of each sale or mortgage is appended to the title deeds and ownership is ascertained by inspection of the deeds and their attached documents. Unregistered property is sold means of a 'conveyance'. Legally, land must now be registered when sold. There are areas of land for which no direct ownership can be proved, for instance access ways to old industrial buildings which are shared by several occupiers. Registration of these is difficult where no one user can demonstrate a clear superiority over other users, and it is often not practicable to identify every ancillary user who may have a right to pass over the land.

Registered Land This is the modern system for all properties sold since 1925 and is the responsibility of the Land Registry . They record all the legal matters relating to the house or flat and issue a document confirming the ownership and extent of the land together with all rights and covenants which affect it. If a title is already registered, the certificate is sent for the relevant change of ownership. The buyer will pay for this before completion. Registered property is sold by means of a 'transfer'.

When you wish to purchase a house or flat and instruct a solicitor to act for you, one of their duties will be to apply to the Land Registry for a copy of the documents they hold pertaining to the property. These will give details of the extent of the building and land, the present owner and any charges made against the property, most commonly for mortgage loans.

These notes are for guidance only and reflect the position at the time of writing.