First registration of title – When and why it’s required

The first registration of title is a critical step in establishing formal legal ownership of a property in England and Wales. This process becomes necessary when dealing with unregistered land or property that has not yet been recorded with HM Land Registry. For expert guidance through the registration process, our Residential and Commercial Property teams can provide trusted support tailored to your specific situation.

While most property in England and Wales is now registered, a significant number of titles – particularly for older or inherited land – remain unregistered. Understanding when first registration is required and why it matters can protect your rights, reduce risk, and simplify future transactions.

What is first registration of title?

The first registration of title refers to the process of officially registering land or property for the first time with HM Land Registry. This creates a public record of ownership and other legal interests. Once registered, the land benefits from a state-backed guarantee of title, providing greater legal security to owners, buyers, and lenders.

First registration is compulsory in certain cases, and voluntary in others, where property remains unregistered. It is distinct from updating an existing registration, which applies to properties already on the register.

When is first registration of title required?

Under the Land Registration Act 2002, first registration is mandatory in specific scenarios. These include:

• Transfer of unregistered land (e.g. sale, gift, or inheritance).
• Grant of a lease exceeding seven years over unregistered land.
• Legal mortgage created over unregistered land.
• Assent by personal representatives (e.g. passing land under a Will).

These “triggering events” compel the new owner or interest-holder to apply for first registration within two months. Failure to do so may result in the transaction being void at law.

Why first registration matters

There are several compelling reasons why the first registration of title is beneficial, even when not strictly required:

• Clear proof of ownership: A registered title offers definitive legal evidence of ownership.
• Reduced risk of disputes: Boundaries and rights are recorded and more easily verifiable.
• Simpler transactions: Registered titles facilitate faster, less costly sales and leases.
• State-backed guarantee: Compensation is available if an error in the register causes loss.

Voluntary registration also attracts a reduced HM Land Registry fee. For more on this, consult official government guidance on first registration.

What’s involved in the first registration process?

The process of first registration with HM Land Registry involves preparing and submitting a comprehensive application. This typically includes:

1. Application form (FR1) and supplement form (DL).
2. Original title deeds and supporting documents.
3. Evidence of identity for individuals involved.
4. Stamp Duty Land Tax certificate (if applicable).
5. Payment of registration fee (based on property value).

Once submitted, the Land Registry will examine the documents, raise any queries, and then issue an official title number with a registered title plan.

Who is responsible for making the application?

The obligation to register land for the first time usually falls on the person acquiring the interest (e.g. buyer, donee, tenant, or mortgagee). In many cases, a lawyer handles this process on the client’s behalf.

If the land remains unregistered, voluntary registration can be initiated by the legal owner at any time. This is often advised for risk management and ease of future dealings.

Risks of leaving land unregistered

Failing to register title to land can result in various legal and practical complications:

• Loss or destruction of title deeds: If deeds are lost, proving ownership may become difficult or impossible.
• Disputes over boundaries or rights: These are harder to resolve without a public record.
• Delays in sale or transfer: Registration must be completed before a transaction can proceed.

In contentious situations, unregistered title can make litigation more complex, especially if documents are incomplete or unclear.

Case scenario: Inherited farmland in Norfolk

A family in Norfolk inherited 45 acres of farmland from a relative. The land had never been registered. Upon selling a portion to a developer, they discovered that first registration was required before any transfer could be completed. Property lawyers assisted by gathering historical title deeds, resolving boundary discrepancies, and successfully registering the land. This not only enabled the sale, but also safeguarded the remaining land for future planning permission.

Expert insights: Legal recommendations

Our experienced property experts recommend:

• Voluntarily registering land as early as possible if it remains unregistered.
• Ensuring all historical documents are carefully stored or digitised.
• Seeking advice during estate planning or inheritance to avoid delays.

Proper legal review can uncover potential issues such as rights of way, restrictive covenants, or overage clauses that may impact value or saleability.

We can help you secure ownership of your property or land – protecting you against fraud, adverse possession (someone claiming rights over your property) and making it easier for you to sell or give away your title in the future.

Our experts can also help those prove ownership where deeds have been lost and where voluntary registration is required.

We can also advise in relation to registered titles where land appears to be missing or otherwise incorrectly registered, which will allow you to perfect your title.

Whether you require assistance with your home, business premises, or a plot of land – our property experts can help you though the first registration process.

Contact us for more information.

Benefits and challenges of first registration

First registration of titles – FAQs

What is first registration of title?

First registration of title is the legal process of registering land or property with HM Land Registry for the first time. It provides public proof of ownership and establishes a state-backed title.

When must land be registered for the first time?

Registration is required when unregistered land is transferred, mortgaged, or leased for more than 7 years. This includes purchases, gifts, inheritance, and legal mortgages.

Is first registration compulsory?

Yes, it is compulsory when one of the “triggering events” occurs, such as a sale or legal mortgage. Voluntary registration is also encouraged to reduce risks.

What are the steps to register land for the first time?

1. Complete forms FR1 and DL.
2. Submit title deeds and supporting documents.
3. Pay the correct Land Registry fee.
4. Receive confirmation of registration and title number.

Can I voluntarily register my land?

Yes, voluntary registration is available for unregistered land and is recommended for protection, especially if title deeds are vulnerable or old.

What is the cost of first registration?

The cost depends on the value of the land. Voluntary registrations attract discounted fees. See Land Registry fees for full details.

This article was produced on the 2nd October 2025 for information purposes only and should not be construed or relied upon as specific legal advice.