It is estimated around 15% of land within England and Wales remains unregistered. While this is becoming less common, unregistered land can still cause delays, uncertainty, and risk if not dealt with correctly.
Below we answer the most common questions about unregistered land and explain how it is managed.
What is Unregistered Land?
Unregistered land is property that has never been registered at the Land Registry.
When a property is not registered at the Land Registry, instead of a digital title register, ownership is proven by historic paper title deeds. As a result, the Land Registry holds little or no information about the ownership of unregistered land.
Once the land is registered, ownership is recorded digitally. This is a far more secure way of proving title as the up to date title register and title plan can then be downloaded at any time and are open to public inspection.
Why does unregistered land still exist?
Compulsory registration was introduced gradually and only applied across all of England and Wales from 1990.
Properties that have not been sold, transferred, mortgaged, or leased for more than seven years since that date may still be unregistered. This is common where land has remained in the same family or ownership for many years.
How do I prove ownership on an unregistered land?
Ownership of unregistered land is proved by establishing a “root of title,” which is a chain of ownership established by historic deeds and documents.
A good root of will usually need to:
- Be at least 15 years old
- Deal with the whole legal and equitable interest in the land
- Clearly identify the land being transferred
If you own unregistered land, it is very important to keep all the original deeds safe. These will be required to prove ownership of the land.
What happens if my title deeds have been lost?
If the deeds have been lost, you will need to provide evidence to the Land Registry to explain:
- Why the deeds are missing.
- When and where they were last seen
- Why you are the true owner of the land
This is usually done by way of a statement of truth supported by as much evidence of ownership as possible. This can be time consuming and can delay a sale.
Where insufficient evidence is available the Land Registry may only grant possessory or a qualified title which is less secure than absolute title. This can be unattractive to buyers and mortgage lenders, so registering land while the deeds are available is strongly advisable.
Why does unregistered land have to be registered?
It is compulsory to apply for first registration when an unregistered property is sold, gifted, transferred or mortgaged, or where a new lease is granted for more than 7 years. These are known as “triggering events”.
When one of these events takes place, an application for first registration must be made and the Title Deeds will need to be submitted to the Land Registry.
Can I register unregistered land voluntary?
Yes, owners of unregistered land, do not need to wait for an event to trigger registration. This is known as voluntary first registration and allows owners to secure their title in advance
The Land Registry fees are based on the value of your property.
The Land Registry fee is reduced by 25% for those applying for voluntary registration to encourage landowners to register their property.
How do I apply for first registration?
To apply for first registration, you must submit copies of the Title Deeds evidencing ownership alongside an application form and supporting plans.
If you are selling your property whilst your application is still pending, you can request to expedite your application with the Land Registry. and provide evidence of the sale.
Once registration has completed, the Land Registry will allocate a unique title number for the land and an individual title register to your property. As part of the process, the Land Registry will also provide a title plan outlining the full extent of the land.
What are the risks of keeping land unregistered?
Can unregistered land delay a sale?
Yes, Buyers and lenders must review historic deeds going back at least 15 years which can slow down transactions.
With registered properties, the buyers, lenders, and solicitors can rely on Land Registry records, so transactions proceed more smoothly and with fewer delays.
What happens if the owner dies?
It may prove difficult for the Executor of the Will to locate Title Deeds. This is likely to place more stress on the Executor whilst they are already grieving for the loss of a loved one.
Is unregistered land at risk if deeds are lost?
Yes, if unregistered title deeds are lost, the Land Registry requires a high standard of alternative evidence of ownership, which can result in substantial delays, particularly when trying to sell the property.
Can someone claim ownership through adverse possession?
Adverse possession allows an individual to claim ownership of unregistered land if they have been in possession for at least 12 years, subject to specific conditions.
Unlike registered land, there is no requirement to notify the owner because the Land Registry does not know who the owner is. This makes unregistered land more vulnerable to adverse possession and fraudulent claims.
Is unregistered land more vulnerable to fraud?
Yes, property fraud is a growing concern in recent years. Fraudsters may attempt to impersonate the owner of unregistered land and sell or mortgage it without the true owner’s knowledge.
The most at risk are those who do not live in their property, by either second-home owners or landlords.
This lack of registration makes it easier for fraudulent activities to go undetected.
Fortunately, once a property is registered with the Land Registry, property owners can take additional steps to protect against fraud by signing up for the Land Registry’s Property Alert service, which provides email notifications of any activity regarding the property’s title.
Between 2020 and 2025, HM Land Registry reports preventing fraudulent applications related to over 300 properties with a combined value of £194 million.
How can Pinney Talfourd help
If you believe your land remains unregistered, our Residential Property Team can check this for you. If your land remains unregistered, we can advise on and handle applications for first registrations whether on a voluntary basis or following a sale, transfer or mortgage, and guide you through the process from start to finish.
Contact your local office on 0800 011 1195 to speak to a member of our team.
More information
Feel free to contact our marketing team on 01708 229 444 or email