Frequently Asked Questions

We are asked many questions about various aspects of the land registry. Most of these revolve around the scope of the registry and how different parts of it work. As a result, we have compiled a short list of Frequently Asked Questions (FAQs) so that we may help you find the answers you are looking for more easily.

We answer all manner of queries, such as the reason for land being registered in the first place and information on the document types that may be provided to you as part of your search.

Why is Land Registered?

The whole point of registering title to land is to build and maintain a stable register of land in which the State guarantees the title. This means that if an error should occur in the Register and the owner loses out financially. As a result, the Land Registry can pay appropriate compensation.

Having a system of land registration also renders it easier to buy, sell and modify land and property.

Is All Land Registered?

Not all land is registered, and there can be a number of reasons for this. The land may have been owned by one family for years or generations without the event that would normally trigger the first registration, such as a sale or mortgage, occurring.

Despite the fact that not all land is registered, the current Land Registry holds details of more than 20 million properties that are registered in England and Wales. There remain many millions of properties that haven’t yet been registered, and the Land Registry doesn’t hold records on these.

What is a Title Plan?

A title plan aims to show a graphic representation of the boundary of the property or “title” in question. All title plans will determine property boundaries and are based on the latest Ordnance Survey maps in order to provide the maximum clarity for all concerned.

Title plans may also include additional information, such as references to neighbouring properties where they are potentially impacted by easements, covenants and such like.

What Information is Contained in the Title Register?

The Title Register, which is often read in conjunction with the Title Plan, is one of the two documents of title. The Title Plan outlines the boundary of the property in red. There are three sections to the Title Register:

Section A sets out to describe the property, communicates the date of first registration and states what kind of tenure it is under, whether this is freehold, leasehold or commonhold.

Section B has the owner’s details, such as name and address, the date it was registered, the purchase price and any notices or restrictions that may affect ownership.

Section C provides the details of any mortgages or other burdens on the land.

How Comprehensive Are Property Ownership Searches?

Ownership searches tend to produce vast swathes of data, including the details of the owners, the property boundary information, the price the property was last sold for and reports on any rights of way. The results include mortgages, restrictions and notices that may be in effect, and some results may consist of conveyancing deeds and leases relating to the property.

How do I Ascertain Whether Land is Registered?

The Land Registry has a computerised map for just this purpose, which has been repurposed from the latest Ordnance Survey maps for accuracy. This map is commonly known as the “index map”, and this can be searched by filling out the appropriate form. It is not always easy to pinpoint the parcel of land in question, but if you are able to provide a full postal address, the process will be more straightforward.

The certificate of result of search will clearly show whether the land you are looking into is registered or not and the title numbers that pertain to the registration, where applicable.

Is it Possible to Use the Freedom of Information Act (2000) to Obtain information?

Yes, the Land Registry is bound to comply with the Freedom of Information Act (2000). It should be noted that where information is already available to the recipient, any Freedom of Information request asking for the same information will be denied as it is considered a waste of resources to fulfil the demand when another way to find the same information is readily available.

Can I Look at Related Documents Too?

You are allowed to apply for a copy of any document that is referred to in the Register provided as long as the Land Registry holds a copy of that document. You are also allowed to apply for a copy of any document that is not referred to but that you know contains salient information. Again, this is dependent on the Land Registry holding a copy.

Most documents will be available to you unless they have been classified as “exempt documents”. Where this is the case, you may have to fill in a different application form and pay an upfront fee.

If you are trying to apply for a document not referred to in the register, it is crucial that you are able to give as much information as possible in order to locate it, including the approximate date and the parties involved.

Why Are Some Documents Exempted?

Where documents have been exempted from the standard Land Registry searches, they tend to contain some information that is considered to be in some way “prejudicial” to the current owner’s interests. It is possible to claim exempted status as revealing the rent on a lease could disclose information about the working practices of a business.

It is still possible to apply for access to these documents. The only difference is that they may be redacted where the information is deemed to be prejudicial. In the above example, only the amount of money charged in rent would be redacted.

This means that even though a document is exempted, it is still worth going through the application process to find out the information that is not covered by the exemption.

Can I Ask For “All Documents Relating to the Transfer to Me”?

This is something that you are able to request. However, it is highly recommended that you refrain from doing so. This is because the sheer number of documents involved, including application forms and routine letters, may actually be different from what you are looking for, but they may render the cost of the application prohibitive.

It is far better to be more specific in your requests as this reduces the workload for the Register staff and also keeps your own costs to a minimum.

Which Documents Aren’t Kept by the Land Registry?

It is not possible for the Land Registry to keep all documents relating to properties. Some of the papers that are not held include title deeds that were in place before the land was first registered, copies of deeds not referred to in the register, court orders, birth, marriage or death certificates, civil partnership documents and grants of probate or letters of administration.

The majority of the documents mentioned above are public documents and can be gathered from the appropriate court officials and other public registries as required.

Other information that is not held by the land registry includes, but is not limited to:

– Land or property values prior to 2020

– Documents relating to planning permission, compulsory purchase and the like, as these are normally dealt with at a local authority level.

– Unregistered land and property

– Land and property outside of England and Wales. For land in Scotland, you would need to search the separate Land Register of Scotland.

– Anything to do with the community charge, council tax or rating assessments.

If I have Lost my Deeds and the property is not Registered, how can the Lost Deeds Search Assist me?

When making an application under the lost deeds search, the results that are returned include an investigation of the Title Register and Title Plan. It often transpires that even though the owner didn’t realise these had been registered, the process had been triggered years before. It is then possible to provide a copy of the deeds to the property owner.

Why is my lease not in my name?

This is a question that is asked fairly frequently, and the answer is a reasonably simple one. When someone purchases a leasehold property, a new lease is not signed. The ownership of the property is then transferred to the new owner, who then becomes obligated under the new lease as if they were the original tenant.

The terms of the lease are unchanged, so, therefore, the need to update the wording is negated. It would be a needless hassle and expense for your solicitor to make that change on your behalf, and, in practical terms, it makes no difference. Your name will have been updated on the title register, and the property officially belongs to you, even if the lease is unchanged.