First Registration Of Land

Despite registration of land being compulsory for the majority of land transactions around 30% of land in Devon and Cornwall remains unregistered.  

To persuade people to register their land voluntarily the Land Registry is offering a 25% discount on their fees which are calculated in accordance with the value of the land. 

In addition to lower registration fees, there are other reasons to register your property and land including:

Peace of mind – once your land is registered, your ownership is guaranteed. If you suffer a loss as a result of inaccurate registration you may be eligible for compensation.

Squatters – the Land Registration Act 2002 offers owners of registered land better protection against squatter’s rights than owners of unregistered land.

Convenience – you do not have to worry about keeping your deeds safe, the register acts as an up to date and authoritative public record of ownership. This can be particularly useful if a dispute relating to ownership of your land arises or if a neighbour encroaches on to your land.

Clarification - there is a public record of rights and restrictions which affect the land. The register will set out any rights which others have over your land and also any restrictions relating to the use of the land.

Simplicity – dealings with land are often simplified as you effectively dispense with repeated and lengthy examinations of title. This can speed up transactions and save on legal costs in the future.

There are also benefits derived from the registration process itself. Before submitting an application for first registration a full audit of your land must be carried out. This can be particularly helpful if you have a large land holding which has been passed down through generations or if your land is subject to third party rights.

How much will it cost?

Land Registry fees are based on the land value. In addition to the Land Registry fees, a solicitor can prepare the application to register and demonstrate the extent of the land and that the person making the application is the true owner. This means going through title deeds and plans and consolidating the key documents which form the title.

A representative of Foot Anstey’s Agriculture and Rural Business Team would be delighted to talk to any farmers or land owners about the registration process and can agree a discounted, fixed fee for carrying out the process before you commit. Should there be any additional costs necessary or if legal transfers or deeds of rectification are found to be  necessary, we will discuss these with you prior to undertaking any additional work, which would then be charged seperately or on an agreed fixed fee basis.

What do I do next?

If you would like further information on registering your land, please contact the head of our Agriculture and Rural Business Team, Philip Wolfgang on 0845 0020780 or email: philip.wolfgang@footanstey.com

Published 03/07/2009. The author of this article is Philip Wolfgang