A Guide to First Registration

What is First Registration?

First registration is the process where an unregistered property is registered for the first time at HM Land Registry (the Land Registry). The information within the original deeds for the property will be transferred to an electronic/ downloadable title. A title number will be created for the property.

How is first registration triggered?

First registration may be a matter of choice. This is called “voluntary first registration”. This may come about as a result of making a will or other legal planning. There are benefits to voluntary first registration, which include:

1. Recognisable proof of ownership – By registering your property, you are increasing the security of your ownership and protection against claims of adverse possession and fraud. Unregistered land is vulnerable to fraudsters who can claim your identity and attempt to sell the land without your knowledge. Original title deeds can easily be damaged or lost.
2. Defective title – Registering the land allows for any potential defects to be rectified at the point of registration, which may otherwise be overlooked until the property is sold. By voluntarily registering your property, you can identify and potentially deal within any issues prior to a sale of the property, saving time later.
3. Incentives – The Land Registry offer a 25% discount on fees for voluntary registration. If you were to sell your property prior to voluntary registration, you may incur additional / increased costs and delays as the property has not been registered. Some buyers (or their conveyancers) may insist that the property is registered prior to the sale.
4. Compulsory First Registration – Since the early 1990’s, compulsory registration has been triggered by various events, for example on a sale/gift or mortgage of the land. A full list of such events can be found here: Practice guide 1: first registrations – GOV.UK

The Process of First Registration

It sounds obvious, but firstly, you will need to ensure that the property is not already registered! A quick online search via the Land Registry Portal can be carried out to establish this. Your conveyancer can assist you with this.

Assuming the property is not registered, a review of the title deeds will take place, the relevant forms will be completed, and an application will be made to the Land Registry to register the property. The application, along with the original deeds, will be sent to the Land Registry as part of the application process.  A fee will be payable, and full details of the fees can be found here: HM Land Registry: Registration Services fees – GOV.UK

It can take a while for the Land Registry to process and complete a first registration, sometimes up to 2 years. In certain circumstances an application to expedite the process can be made, for example if the property has been sold. Any application will be reviewed on a case-by-case basis. Remember, your conveyancer will have no control over the Land Registry’s decision in this respect or how long the process takes once the application is with the Land Registry, so do keep this in mind.

Once the registration is complete, your conveyancer will review it to ensure everything is correct and send you a copy of the title information document for your records. Remember, this is merely a snapshot of the Register at that moment in time and is not “deeds”—on any future property disposition, an up-to-date copy of the Register will need to be obtained from the Land Registry.

Wilson Browne Solicitors would happily assist you with registering your unregistered property.

Contact us today!