With only 14% of land that remains unregistered, it still begs the question; how can I sell an unregistered property?
The Land Registration Act of 1925 declares that all legal estates in Land across England & Wales must be registered with HM Land Registry. This act was updated in 2002 and places greater emphasis on registration. To practically deal with registration of all legal estates, Parliament agreed to put in certain triggers that will require a first registration. Therefore compulsory registration is required before you can sell an unregistered property.
What happens if there are no deeds to a house?
If the deeds were destroyed or went missing while in the custody of a financial or legal institution, such as a building society, a bank, or solicitors then if satisfied with the evidence, the Land Registry will register the property with an absolute title. If not, then the property will be registered with a possessory title.
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How long does it take to register an unregistered property?
It can take Land Registry several months to register an unregistered property. If you need to sell an inherited property, then we can help expediate the registration process and buy your property in its current condition without requiring an expensive refurbishment.
What triggers compulsory registration?
These are triggers for a compulsory registration at Land Registry:
– Sale or Transfer
– Voluntary registration
– Grant of a new Lease
– First legal mortgage
If you are looking to sell unregistered property, you must produce original title deeds which prove your ownership. If your property was subject to a mortgage, these deeds can be held by the bank or building society or at a firm of solicitors who acted in conveyancing transaction.
Title deeds must be analysed to produce a good ‘Root of Title’ that goes back at least 15 years to obtain ‘Title Absolute’.
The plan within the deeds that identifies extent of the land must be analysed. ‘Root of Title’ means that a timeline of ownership created should end with you or your parents if they have passed away.
Once this has been established, your solicitor will require the original deeds along with Root of Title and organise it into an Epitome of Title. This must be sent to HM Land Registry for first registration along with correct fee.
If you are unable to produce relevant deeds, we can still help you sell your property. You can register the property under a lower class of title called ‘Possessory Title’. It means that you are in possession of property but does not necessarily prove your ownership. Any normal buyer will require ‘Title Absolute’ as that’s the best title for a property. Because we are cash buyers, we can still help you obtain a Possessory Title and sell your property.
We’ll also pay for your legal fees should you decide to sell the property to us. They will then provide you with expert advice and assist with registration matters.
How can I sell unregistered property?
Property Saviour will buy any property regardless of its condition, anywhere in England.
We can make you a cash offer and assist you with your first registration, pay all your legal fees and complete the purchase as soon as possible.
No. If a property is not registered at Land Registry, then unfortunately it can’t be sold as any buyer will require visibility of a clear title. We deal with unregistered properties on a regular basis and would be happy to assist you if you are looking to sell.
Yes absolutely. All land bought, sold, mortgaged, or gifted must now be registered with Land Registry. If you bought your home prior to 1990 and not taken a mortgage since, it may not be registered.
So, you have lost the original deeds to a house? Its still possible to sell but will require you to prove your ownership to the property. You may only get a possessory title and not an absolute title.
A property isn’t registered means that it has not been sold or mortgaged and therefore did not trigger the requirement to register.
The principle of a ‘compulsory registration’ is that if a plot of land or property is sold, it must be on the HM Land Registry’s register. This principle was first discussed in 1897 but it took until 1925 before the bill for compulsory registration was passed by the government.
To prove your ownership, you will need Official Copies of the title register and title plan. These are also called title deeds because they are irrefutable proof of ownership.