Unregistered Land – what do you need to know?

What is unregistered land?

Unregistered land is land that hasn’t been registered with HM Land Registry.

Contrary to popular belief, land being unregistered does not mean that the land is not owned, rather that ownership of the land has not been documented to the Land Registry.

There is a principle of ‘compulsory’ registration which requires that, if land is subject to a specific event such as a sale, that land will be brought onto the register. This principle was first aired in 1897, but it was not until 1990 that the whole of England and Wales was subject to compulsory registration of land.

As such, there remains an estimated 14% of land in England and Wales that is unregistered.

It is not uncommon for a property or land to be unregistered. Often, this will be because the ownership has not changed since registration became compulsory. Usually, the owners of unregistered land will hold the relevant deeds evidencing their ownership. Our real estate team regularly deal with sales and purchases of unregistered property.

Finding the owner of the unregistered land

The question of locating the owner of the land is often raised. Ultimately, this will be difficult, but there are options such as:

1. Approaching the local authority. They may have records of the landowner, potentially due to associated planning applications or other correspondence.
2. Carrying out an index map search. Registered land surrounding the unregistered land in question may provide clues as to the ownership of the land.
3. Making personal enquiries. Asking neighbours or local residents if they have any information on the history of the land, or the potential owner.
4. Reviewing historical deeds. If deeds are available for the land or surrounding land, these may provide information as to the likely ownership.

Adverse possession – claiming the land

It is, again, a popular misconception that, if the owner of unregistered land cannot be located, then the land can be claimed. It is possible to claim ownership of the land by way of adverse possession, but this is a complicated legal process, and is not a case of simply taking over the land.

The requirements to claim land by way of adverse possession are incredibly strict, and it is difficult to prove. These requirements include (but are not limited to):

1. Uninterrupted factual possession of the land
2. Intention to possess the land
3. Possession of the land without consent
4. Possession of the land for at least 12 years
5. Exclusive use of the land.

Even if it appears, on the face of it, that a claim for adverse possession may be possible, there are a number of factors to consider.

If you are thinking about purchasing unregistered land or property, or wish to obtain advice on taking possession of land, please feel free to speak with one of our real estate lawyers to discuss your options. You can send us an email or call +44(0)3333 231580.