If you have owned a property or parcel of land before December 1990, it is possible that it has not been formally registered with HM Land Registry. Properties since then have been registered automatically, and the Land Registration Act 2002 sets out certain events that would trigger compulsory registration for these properties, some of which are a sale, assent on the death of a proprietor, transfer of ownership or the grant of a mortgage. For further information on this, consult the HM Land Registry website and the government's practice guide for first registrations.

If none of these events have occurred, your property may remain unregistered. Property that has not triggered a compulsory registration can still be registered at any time, and while there is no obligation to do so, there are several potential benefits. Beyond the financial savings available, registration can be a key way to prove ownership of the property if the original deeds or title documents have been lost or destroyed.

The residential real estate team at JMW has a wealth of experience in this area and can support you to register land or property on a voluntary basis. Here, we explain the benefits of registering property and offer general information about what the process involves.

What Are the Benefits of Registering Your Property With HM Land Registry?

There are several reasons why registering your property is useful, particularly if the original deeds cannot be found or have been destroyed. The first is that voluntary registration carries reduced HM Land Registry fees compared to registration triggered by one of the events noted above that make registration compulsory. As such, registering land or property early can offer savings compared with waiting until it becomes a legal requirement.

Registering can lead to an easier sale or remortgage process, as the registered title and property information are readily available online. This efficiency could make your property more appealing to prospective buyers. The registration also provides a definitive digital record of ownership, which takes away the need to rely on old papers or potentially missing deeds to establish your ownership of the property.

The existence of a clear legal record of ownership reduces the risk of disputes over property rights and acts as a state-backed guarantee that offers enhanced protection against fraud or adverse possession claims, where a third party claims ownership over the land through occupation.

You can apply to register your property at any time. Your starting point should be to locate your title deeds, and then to seek the assistance of a solicitor for legal support during the process. Where property deeds cannot be located and are believed to have been lost or destroyed, it remains possible to apply for registration of the property, but this can be more complicated. A solicitor can advise you of what to expect from the process of registering land or property in these circumstances, and give you the best chance of success in doing so.

How to Register Your Property if Your Title Deeds Are Lost or Destroyed

If title deeds cannot be located, then you may apply to reconstitute title by providing a statement of truth detailing the loss. You must provide evidence of ownership, including old copies of deeds, mortgage details, insurance papers and other evidence.

You should try to contact the solicitors who handled the purchase of your property or your mortgage lender, as they may hold the title deeds or true copies in storage. You must demonstrate to the Land Registry that you have made reasonable efforts to locate the deeds.

Alternatively, if you know the deeds have been destroyed, you need to detail the events that caused the destruction using a statement of truth form. You can download the relevant form from the government's website and use this to explain how the destruction occurred.

If HM Land Registry considers your evidence weak, it may only grant what is known as possessory title, a legal classification of ownership rights. This is the lowest class of title and is often given in circumstances where the Land Registry recognises someone’s ownership but there is not enough evidence for absolute title (the highest class of title).

Most registrations made using a statement of truth in support of lost or destroyed title deeds are given possessory title. It must be noted that the Land Registry’s decision to register the property is based on the evidence, accuracy and completeness of the statement of truth form and will not always be guaranteed. As such, it is important to work with an experienced solicitor for support to establish your identity as the person who owns the unregistered land or property and give yourself the best chance at a successful registration.

Can You Sell a Property With a Possessory Title?

Properties with possessory title can still be sold, though the lack of absolute title may lower the overall value and some lenders may be hesitant to offer mortgages to buyers for these properties. It is useful to know that possessory title can often be upgraded to absolute title after 12 years of unchallenged registration, which means that the earlier you apply for registration, the better your chances of avoiding these potential downsides during a sale.

If you own a property with possessory title and are looking to sell, buyers can seek possessory title indemnity insurance that is designed to protect against potential ownership disputes or claims made by third parties or former owners. The costs of this depend on the value of the property, and a solicitor can arrange a quote for this type of insurance and arrange to put it in place for you if you are concerned about property ownership.

How JMW Can Help You Register Property and Prove Ownership

If you are thinking about registering your property, seek the assistance of a solicitor to guide you and ensure. The expert residential real estate solicitors at JMW have a wealth of experience in this area, and can support you at all stages of property registration. Thanks to our experience working with HM Land Registry on property sales and purchases, our conveyancers make the process of registering more straightforward and less time-consuming. We will handle the bulk of the legal paperwork on your behalf and help you to obtain strong proof that you own the property if your deeds are no longer available.