Why It Is a Good Idea to Register Your Unregistered Land at the Land Registry

Around 10% of the land area of England and Wales is unregistered, according to the Land Registry. That’s approximately 1.5million hectares that does not have an officially recorded owner. Such land can be at increased risk of fraud and adverse possession (“squatters’ rights”) and there is a legal duty to register it when buying, selling or taking out a mortgage.

Owning unregistered land can also increase the chances of disputes over issues such as boundaries and rights of ways as these may not be clear if they are not recorded at the Land Registry.

In this article, we cover the legal requirement to register your land and property, benefits of registration, the risks associated with unregistered land and how to register unregistered land.

Key points to know about registering unregistered land

• In England and Wales, some of the triggers which will lead to you being legally required to register land and property are when it is bought or sold, inherited, received in exchange for other property or land, or if you take out a mortgage on it
• Registering your land can help to prove your ownership, especially where you do not have the title deeds or other proof of ownership or interest in the land
• Unregistered land can be at high risk from fraudsters as it is easier for them to impersonate the owner for purposes such as selling it or applying for a mortgage on it although some kind of proof of title will be necessary.
• It can be easier for someone to claim unregistered land through the law of adverse possession (commonly called ‘squatters’ rights’) compared to registered land
• While very few fraudulent Land Registry applications are uncovered each year, the consequences can be very serious
• Between 2020 and 2025, the Land Registry prevented fraudulent applications related to over 300 properties with a combined value of £194 million
• It may be harder to prove a property’s boundaries, as well as to establish details of rights of way, other easements and restrictive covenants affecting land if they have not been recorded at the Land Registry
• Unregistered land might be more difficult to sell due to issues such as uncertainties over the title and property lines and the added complication and time delay of either the seller or buyer having to make a first registration application of the land
• The Land Registry or other people can potentially object to a land registration, so it is important to have the best possible evidence to support your application when you do apply to register the land

How to register unregistered land

If you wish to register unregistered land, you will need to do so through the HM Land Registry website. There are a number of forms you will need to fill in and supporting evidence you will have to provide. Most people choose to have a specialist property lawyer help them with this process to ensure they get all of the details right.

Before making an application, you should confirm that the land is unregistered by searching the register. You should gather any relevant documents, especially the title deeds (if you have them).  Not all title deeds will be relevant, however.  As part of the process, you will need to include a scale plan of the property outline (unless this is already shown in the deeds). It can be a good idea to have a property surveyor determine exactly where your boundaries lie to avoid confusion or dispute later on.

You will need to pay a registration fee which will vary depending on the circumstances and the value of the land.

Once your application and the relevant fee have been received, the Land Registry will review the available information and then do one of the following:

1. Accept your application as submitted and register the land.
2. Notify you that there has been an objection to the application and encourage you to negotiate an agreement with the objector or objectors so the application can go ahead.
3. Reject your registration if they believe they have grounds for doing so (e.g. you have not evidenced that you have sufficient interest in the land).

If there is an objection to your application and you cannot agree an acceptable resolution, then the Property Chamber, First-tier Tribunal will make a determination on what should happen.

Case studies from Longmores demonstrating the importance of registering your land

• Scenario: another person or legal entity had already registered their interest on part of our client’s land. When that other party’s application was made, the Land Registry was not able to give notice of the application or reject the application, as it had no knowledge of any other potential owner of the land. The solution: we are advising our client about how to claim that the other person should not have registered any interest on their land in order to avoid the expense of taking the issue to court at a Property Chamber, First-tier Tribunal.
• Scenario: our client, the land owner, was selling a piece of land which was subject to overage and clawback.  Part of the land to be sold was unregistered and the adjoining land which had the benefit of the overage was also unregistered.  This meant that delays were caused while we waited for the land with the benefit of the overage to be registered, so that the proprietor could be easily identifiable. The solution: a root of title was provided so that the purchaser together with evidence of a first registration application being submitted, so that the purchaser could get comfortable with who had the benefit of the overage.  Additional provisions were included in the contract to ensure that the first application was dealt with as expediently as possible.
• Scenario: we recently had to apply to the Land Registry to rectify a title plan because our client discovered that the title plan did not include a strip of land between the boundary of its property and the public highway. This meant that our client had no legal right to access their property from the highway.  Old conveyances have poor quality or hand drawn plans attached to them which can result in the Land Registry title plan not matching the extent of the land which is actually occupied and owned by the landowner.  The solution: A detailed history of the use of the strip of land with supporting evidence was prepared and submitted to the Land Registry as part of our application to amend the title plan.  The Land Registry initially resisted amending the plan but with a little persistence from us and our client they have subsequently agreed to amend it and we are awaiting the amended plan.  Our client  is selling the land and If the Land Registry had not agreed to amend the plan, the buyer would have walked away.

How Longmores can help with registering unregistered land

Longmores’ Commercial Property team have extensive experience dealing with and registering unregistered land for our clients. We can assist with every step of the process, helping you to secure the title to your land swiftly and cost-effectively.

For expert guidance on registering unregistered land and other property matters, please contact Rachael Spalton who will be happy to advise.

Please note, the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.