It is thought that around 13% of properties in England and Wales remain unregistered.
For such properties, the only proof of ownership that the owner will have will be a bundle of old title deeds, which can easily be mistaken for old papers and inadvertently thrown out.
Quite often, the first time that it will be found that the title to a property is not registered will be following the property owner’s death. With limited or no knowledge of the property or the possible whereabouts of the deed, their relatives or executors of their Will may spend many months trying to locate the deeds, causing unnecessary stress and expense.
Where title deeds have been lost or destroyed an application will have to be made to the Land Registry, providing sufficient evidence of continued ownership for at least 15 years. The Land Registry will then determine the claim based of the evidence supplied.
An unregistered property is also at risk of fraud. If someone has used a property without any objection or paying any money to the third party to occupy the same for a continued and uninterrupted period of 12 years, then an application can be made for “adverse possession”. If you are the legal owner, but have not registered your ownership of the property, then the Land Registry will not have your details and will be unable to advise you of such a potentially fraudulent claim.
It is important that any property you own in England or Wales, is registered with the Land Registry.
At Churchers we can help you to register your property and protect it against possible fraudulent claims and also remove any unnecessary worry and expense for your relatives, who will have to deal with your property following your death.
If you would like our assistance please contact us on 01329 822333 or e-mail Rachael Tluszcz by clicking here