Dealing with unregistered land or property after death

This guide sets out, in plain terms, the main steps personal representatives should take when administering unregistered land in England and Wales.

What is unregistered land?

Unregistered land is property that has not yet been recorded on the official digital register maintained by HM Land Registry. Instead of relying on an entry on that register, ownership is usually evidenced through historic title deeds.

A significant amount of land in England and Wales remains unregistered. Common reasons include properties that have been inherited over generations (via wills or intestacy) before compulsory registration was introduced, dispositions that predate registration requirements, or where previous executors did not properly transfer the legal title.

Why unregistered land causes challenges

Dealing with unregistered land introduces a few practical difficulties. There is no single, central record of ownership, so establishing title depends on paper documentation, which may be lost, damaged or incomplete. Boundary or access disputes can be harder to resolve without a clear registered title, and the absence of registration can slow down administration or sale of the property. That said, unregistered land can still be properly managed and transferred, provided the right steps are taken.

First steps for personal representatives

The starting point is to gather and review all relevant documentation. This means locating any title deeds or historic conveyances, examining the deceased’s will, and checking for any lifetime transactions that might affect the property. It is also important to identify whether there are existing mortgages, charges or restrictive covenants affecting the land. If any deeds are missing, defective, or if the chain of ownership is unclear, prompt professional legal advice is strongly recommended to avoid later complications.

Selling unregistered property

Personal representatives may sell unregistered land before it has been registered for the first time. The sale can proceed through the usual conveyancing process, but the buyer’s solicitor will need satisfactory proof of ownership. Typically, the purchaser will then register the property for the first time after completion.

To support the transaction, the Land Registry will usually require:

• • the original title deeds;
  • the Grant of Probate or Letters of Administration; and
  • proof of identity for the personal representatives.

Voluntary first registration

If there is no immediate intention to sell, it is often sensible to apply for voluntary first registration. That application creates a secure digital title, reduces the risk associated with lost or stolen deeds, simplifies any future sale or transfer, and can lead to savings on Land Registry fees in the long run.

Lost or missing deeds

When title deeds cannot be found, there are alternative routes. Statutory declarations can be put forward as part of the evidence, and witness statements or historic records may help to establish the chain of ownership. In some cases, the Land Registry will accept an application for a possessory title if there is sufficient supporting material. These situations can be legally delicate, so specialist advice is essential to ensure the position is regularised without unintended consequences.

Key points to bear in mind

Unregistered land is not an insurmountable problem. Early assembly of whatever documents exist, coupled with timely professional guidance, makes administration far smoother. Registering the property, whether to facilitate a sale or proactively, provides lasting security and simplifies future dealings with the estate.

How we can help

Our Private Client team has substantial experience in managing unregistered land within estate administration. We can support you with:

• • preparing and submitting a first registration application to the Land Registry following a death;
  • advising where the chain of ownership is broken or unclear because of the deceased’s passing;
  • explaining and advising on the legal obligations of executors or administrators.

If you would like further advice or assistance, please contact Chris Burrows on 0161 833 5694 or via email at chris.burrows@glaisyers.com