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.
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.
Under the Land Registration Act 2002, first registration is mandatory in specific scenarios. These include:
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.
There are several compelling reasons why the first registration of title is beneficial, even when not strictly required:
Voluntary registration also attracts a reduced HM Land Registry fee. For more on this, consult official government guidance on first registration.
The process of first registration with HM Land Registry involves preparing and submitting a comprehensive application. This typically includes:
Once submitted, the Land Registry will examine the documents, raise any queries, and then issue an official title number with a registered title plan.
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.
Failing to register title to land can result in various legal and practical complications:
In contentious situations, unregistered title can make litigation more complex, especially if documents are incomplete or unclear.
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.
Our experienced property experts recommend:
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 | Challenges |
---|---|
Legal clarity and proof of ownership | Can require gathering old or missing documents |
Simplifies future transactions | Costs and Land Registry delays possible |
State-guaranteed protection | Errors or title issues may require rectification |
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.
Registration is required when unregistered land is transferred, mortgaged, or leased for more than 7 years. This includes purchases, gifts, inheritance, and legal mortgages.
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.
Yes, voluntary registration is available for unregistered land and is recommended for protection, especially if title deeds are vulnerable or old.
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.