Owning unregistered land can be a complicated matter, but registering it with the Land Registry can provide security and clarity. Here, we detail the procedures for registering unregistered land, including situations where you have the paper deeds, if you have lost your paper deeds, and if you are claiming ownership through adverse possession.

If You Have the Paper Deeds

If you possess the original paper deeds to your property, the process of registering your unregistered land with the Land Registry is relatively straightforward.

1. Gather All Relevant Documents:
Collect all original deeds and documents related to the property. This includes conveyances, mortgages, leases, and any other legal documents that show the history of ownership.

2. Complete Form FR1:
Fill out Form FR1 (Application for First Registration). This form requires detailed information about the property, including its location, description, and the applicant’s details.

3. Complete Form DL:
Form DL (Deed List) must also be completed, listing all the deeds and documents you are submitting with your application.

4. Submit the Application:
Send the completed forms, along with the original deeds and the appropriate fee, to the Land Registry office. Ensure that all documents are properly certified if required.

5. Land Registry Examination:
The Land Registry will examine the submitted documents and may request additional information or clarification.

6. Registration:
Once the Land Registry is satisfied with the application, they will register the property and issue a title number. You will receive a Title Register and a Title Plan, confirming your ownership.

If You Have Lost Your Paper Deeds

Losing your paper deeds can complicate the registration process, but it is still possible to register unregistered land without them.

1. Statutory Declaration:
Prepare a statutory declaration detailing how and when the deeds were lost, and what efforts have been made to find them. The declaration should include a description of the property and how it was acquired.

2. Supporting Evidence:
Collect as much supporting evidence as possible. This can include mortgage documents, receipts of property taxes, utility bills, and any other documents that show continuous possession and ownership.

3. Complete Forms FR1 and DL:
Fill out Form FR1 and Form DL as you would if you had the paper deeds.

4. Submit the Application:
Submit the completed forms, statutory declaration, supporting evidence, and the required fee to the Land Registry.

5. Land Registry Examination:
The Land Registry will scrutinize the evidence provided and may request further information.

6. Registration:
If the Land Registry is satisfied with the application, they will register the property and issue the necessary documentation.

Adverse Possession

If you are claiming ownership of unregistered land through adverse possession, the process involves proving continuous and exclusive possession of the land for a specified period.

1. Proof of Possession:
You must provide evidence of continuous and exclusive possession of the land for at least 10 years (for claims under the Land Registration Act 2002) or 12 years (for claims under the Limitation Act 1980).

2. Statutory Declaration:
Prepare a statutory declaration outlining the details of your possession. Include information on how you have used the land, maintained it, and excluded others from it.

3. Supporting Evidence:
Gather supporting evidence such as photographs, witness statements, utility bills, or any other documents that show your use and control of the land.

4. Complete Form ADV1:
Fill out Form ADV1 (Application for Registration Based on Adverse Possession).

5. Submit the Application:
Send the completed form, statutory declaration, supporting evidence, and the appropriate fee to the Land Registry.

6. Land Registry Examination:
The Land Registry will examine the application and may notify the true owner, giving them an opportunity to object.

7. Registration:
If there are no valid objections and the Land Registry is satisfied with your application, they will register you as the proprietor of the land.

Conclusion

Registering unregistered land with the Land Registry in England and Wales can provide peace of mind and legal security. Whether you have the original deeds, have lost them, or are claiming land through adverse possession, understanding and following the correct procedures is crucial. For detailed guidance or assistance, consider consulting a legal professional or contacting the Land Registry directly.