When someone dies, dealing with property in the estate can be challenging – especially where the property is unregistered.
This guide outlines the key steps for personal representatives when administering unregistered land.
What is unregistered land?
Unregistered land is property that has not yet been registered by the legal property owner at HM Land Registry.
- Usually, the owners will evidence their ownership using historic title deeds rather than an official digital register
- A significant proportion of land in England and Wales remains unregistered
- Properties are often left unregistered if they have historically been inherited (passed down through a will or intestacy prior to the introduction of registration at the Land Registry), the disposition predates the introduction of the registration requirements or in some cases the executors of the property owner’s estate haven’t dealt with the transfer of the legal title correctly
Why does unregistered land create difficulties?
- No central record of ownership
- Risk of lost, damaged or incomplete deeds
- Potential for boundary or access disputes
- Possible delays in administering or selling the property
However, unregistered land can still be dealt with, provided the correct steps are followed.
First steps for personal representatives
- Locate all available title deeds and documents
- Review the deceased’s Will, previous conveyances and lifetime transactions
- Check for existing mortgages, charges or covenant
- Seek legal advice promptly if any deeds are missing or defective
Selling unregistered property
Personal representatives of the estate can still sell the property prior to first registration. However, for it go through conveyancing, the following is needed:
- Proof of ownership will be required by the buyer’s solicitor
- The property will typically need to be registered for the first time by the buyer once the transaction has completed
- The Land Registry will require:
- Original title deeds
- Grant of Probate or Letters of Administration
- Proof of identity for the personal representatives
Voluntary first registration
Where a sale is not imminent, it is often advisable to apply for voluntary first registration.
This can:
- Create a secure digital title
- Protect against the risk of lost or stolen deeds
- Simplify future sales or transfers
- Reduce Land Registry fees
Lost or missing deeds
Where deeds cannot be located:
- Statutory declarations can be used as evidence
- Witness statements or historic records may assist
- The Land Registry may accept an application for possessory title, subject to sufficient supporting evidence
Professional legal advice is essential in these circumstances to avoid complications.
Key points to remember
- Do not panic if the property is unregistered
- Assemble all available documents as early as possible
- Take professional advice where necessary
- Registration provides long-term security and simplifies estate administration
How we can help
Our Private Client team has extensive experience in dealing with unregistered land as part of the estate administration process.
We can assist with:
- Collating a first registration application to the Land Registry following a death
- Advising on a broken chain of ownership due to death
- Advising you of your legal obligations as an executor
If you would like further advice or assistance, please feel free to contact Chris Burrows at chris.burrows@glaisyers.com or 0161 833 5694.
