The cost of registering an unregistered property in the UK can vary. At Bretherton Law our charges start at £650 plus VAT but the cost can vary depending on the complexity of the application.
The level of complexity can depend on numerous factors which we explore below but first let’s consider why registering a property is important.
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Registering an unregistered property in the UK offers several benefits:
Secure Ownership: Registering your property with the Land Registry provides you with legal protection and proof of ownership which ensures that your ownership rights are recognised and protected by law. It gives you peace of mind knowing that your property is safeguarded and that you have a legal basis for any future transactions or dealings involving the property.
Marketability: A registered property is more attractive to potential buyers and lenders. It demonstrates that the property has a clear title and is free from any legal complications or disputes. This can make it easier to sell the property or secure a mortgage or loan against it.
Enhanced Market Value: Not registering your property can decrease a property’s market value because of the complexity associated with the conveyancing process and buyers may view an unregistered property as risky. This will likely reduce the potential pool of buyers and any that are interested, are in a very good position to negotiate a reduced price.
Resolving Boundary Issues: Registering an unregistered property can help resolve any boundary or title defects. The registration process may require you to clarify and define the boundaries of your property, which can help avoid potential disputes with neighbours in the future.
Access to Land Registry Services: Once your property is registered, you have access to various services provided by the Land Registry. These services include obtaining official copies of title deeds, conducting conveyancing searches, and accessing up-to-date information about the property. You can also set up and alert with the Land Registry so no one can deal with your property without your knowledge.
Potential Complications During the Registration Process
During the process of registering an unregistered property in the UK, several complications can arise which is why it is highly advisable to instruct a solicitor who specialises in registering unregistered property. Here are a few examples of where it can get complicated.
Title Defects: The property may have title defects, such as missing or incomplete paperwork, conflicting ownership claims, or unresolved boundary issues. These defects need to be resolved before the property can be registered.
Boundary Disputes: Registering an unregistered property may require clarifying and defining the boundaries. This can lead to boundary disputes with neighbouring property owners, requiring legal intervention to resolve.
Legal Complications: There may be legal complications associated with the property, such as outstanding liens, encumbrances, or restrictions that need to be addressed before registration.
Historical Inaccuracy: Unregistered properties may have historical inaccuracies in their records, making it challenging to establish a clear chain of ownership. This can result in delays and additional paperwork to rectify the inaccuracies.
Delays in Processing: The Land Registry may experience delays in processing applications due to a high volume of registrations or other administrative factors. This can prolong the registration process.
Additional Costs: In some cases, resolving title defects or boundary disputes can incur additional costs, such as hiring surveyors or solicitors to provide the necessary documentation and legal assistance.
Leasehold versus Freehold: Registering a leasehold property can be more complex than registering a freehold property due to the additional legal considerations involved. When registering a leasehold property, you not only need to establish the ownership and boundaries of the property but also ensure that the lease terms and conditions are properly documented and registered. This may involve reviewing and verifying the lease agreement, confirming the rights and responsibilities of the leaseholder and the landlord, and addressing any potential issues or disputes related to the lease. Additionally, there may be specific legal requirements and procedures that need to be followed when registering a leasehold property, which can add to the complexity of the process.
Is Property Registration Compulsory in the UK?
In the UK, it is generally not compulsory to register a property that is currently unregistered with the Land Registry. However, there are certain situations where property registration becomes compulsory.
These situations include:
A transfer of ownership: If you are buying or selling a property, it is compulsory to register the property with the Land Registry.
Mortgages: When a property is used as security for a mortgage, it is compulsory to register the property with the Land Registry.
Leases: If you grant a lease for a term of more than 7 years, it is compulsory to register the lease with the Land Registry.
Development of land: If you develop land and create new titles, it is compulsory to register the new titles with the Land Registry.
Gifted property: If you are gifted a property, it is not compulsory to register the property. However, it is highly recommended to do so to protect your ownership rights.
It’s worth mentioning that the process to register unregistered property is not a quick process so if there are plans to set in motion any of the actions listed above, it’s essential to start the registration process as soon as possible.
Is it possible to sell unregistered property?
In the UK, it is possible to sell an unregistered property. However, it is important to note that the process may be more complex compared to selling a registered property. When selling an unregistered property, the buyer may require additional due diligence to ensure the property’s ownership and boundaries are clearly defined. The buyer’s solicitor may even insist that the property is registered before the purchase goes ahead. The additional checks will generally add significant delays to the conveyancing process and unregistered property will deter many potential buyers. Ideally a property should be registered before being placed on the market which will improve both the marketability and the sale process.
The Steps to Register a Property
It is worth noting that the process of registering an unregistered property can be complex and time-consuming. In some cases, it may be necessary to resolve any title defects or boundary issues before the property can be registered. This can incur additional costs, which your solicitor can advise you on.
In general, the steps involved in registering a property with the Land Registry in the UK are as follows:
Obtain the necessary documents: Gather all relevant documents related to the property, such as title deeds, proof of ownership, and any supporting documents specific to the type of property.
Complete the application form: Fill out the appropriate application form for the type of property you are registering. These forms can typically be obtained from the Land Registry website or by contacting them directly.
Submit the application: Once the application form is completed, submit it to the Land Registry along with the required fee. The fee may vary depending on the value and type of property.
Wait for processing: The Land Registry will review your application and conduct the necessary checks. The processing time can vary depending on the complexity of the registration and the workload of the Land Registry.
Receive confirmation: If your application is approved, you will receive a confirmation from the Land Registry stating that the property has been successfully registered.
Update your records: After the property is registered, it is important to update your records and notify relevant parties, such as mortgage lenders and insurance providers, about the registration.
How Long does the Registration Process Take?
It can take varying amounts of time to register a property, depending on factors such as the complexity of the registration and the workload of the Land Registry. The processing time can range from a few weeks to several months or even years if a dispute arises. It is best to consult with your solicitor for a more accurate estimate based on your specific situation.
Get in Touch
To answer the question, “How much does a solicitor charge to register a property?” please contact us for a no obligation quote.
Based in the centre of St Albans City but providing land and property registration services across the UK, our team can help you with your property transaction with a level of client care not offered by many conveyancing firms. Over the last 50 years we have built an enviable reputation – but don’t just take our word for it, take a look at what our clients say about us in our testimonials.
Please get in touch via the contact form or call us on 01727 869 293. (If you telephone us your call will be answered by a real person no recorded voice saying press this and that number).
