Land Registry new system for Title Deeds

TomsMom

I'm reposting this as I put it in the In My Home forum and it's been suggested it would be better here.

My house was purchased in 2008 and I have a Title Information Document issued by the Land Registry. My solicitor told me at the time that under a relatively new system at the Land Registry ownership is proved not by any title deed or title document that needs to be retained by the owner but by records maintained at the Land Registry.

Looking through my documents I have the Title Information Document with an Official Copy of Register of Title. The only info on the register is the address of the property and the ownership plus the price paid. There is also the Current Title Plan which is really just showing a few properties in the area and my property edged in red.

There's no info about conditions, restrictions, walls, fences, etc. Would this info be available elsewhere or do you think it means there is no info to be had.

G_M

There is nothing 'new' about this system. Electronic registration of land ownership has been gradually introduced across the country since the 70s. Since 1990 the whole of England has had compulsory registration for all land transfers.

There is a standard format for LR Titles. This includes references to associated documents (eg earlier conveyances with legally binding rights/obligations on subsequent owners), and many of these associated documents are also held by the Land Registry (but not all - only those submitted!).

Info about "conditions, restrictions, walls, fences" may well be in such associated documents.

TomsMom

G_M wrote: »

There is nothing 'new' about this system. Electronic registration of land ownership has been gradually introduced across the country since the 70s. Since 1990 the whole of England has had compulsory registration for all land transfers.

There is a standard format for LR Titles. This includes references to associated documents (eg earlier conveyances with legally binding rights/obligations on subsequent owners), and many of these associated documents are also held by the Land Registry (but not all - only those submitted!).

Info about "conditions, restrictions, walls, fences" may well be in such associated documents.

Maybe it's 'relatively new' in Wales, we might be a bit behind on some things .

There's no mention of associated documents.

I'm a bit surprised as I have old deeds of the property from previous owners with mention of a right of way over a neighbouring property to my rear entrance, yet there is no mention of this on my documents and my solicitor obtained a statutory declaration from the previous owners together with an insurance policy they took out in respect of the right of way.

That's not why I was asking the question but it does make me wonder if something may be missing. I thought information about whether a wall is a party wall would be there and who owns which fence, etc.

trulys

The Title Register should comprise:-

A. Property Register - This part tells you the address of the property, and lists any restrictions, covenants, etc. on the land by reference to coloured areas on the title plan, or perhaps by reference to an earlier document.

B. Proprietorship Register - This shows who owns the property, the date it was transferred and any ownership restrictions on the land.

C. Charges Register - This section lists any charges and other important matters affecting the property. Some of the information is simply quoted within the register, and some is by reference to earlier documents. If a copy of such a document is available, it shows "NOTE: Copy filed" underneath. Copies can be obtained from the Land Registry for a fee. This section will also show any mortgages/charges registered against the property.

You then have the Schedule of restrictive covenants, listing any further relevant information to do with restrictions, etc. Most of the information is stated within the document without the need to see the original document.

Maybe the copy register you are looking at is missing some of the pages?

As to the title plan, boundary ownership is usually denoted by inward facing 'T' marks.

TomsMom

Thank you Trulys, very helpful.

A. Property Register - states about land edged in red on plan and gives the address plus states a new title plan has been prepared (there were three separate titles before and solicitor arranged for them all to be put onto one title).

B. Proprietorship Register - gives names and price paid on date of completion.

There is no Charges Register nor is there a Schedule of restrictive covenants. It actually says under the info contained in B - End of Register.

Not sure if there's something missing or no information to be had. I'm actually dealing with the solicitors at the moment so it might be worth mentioning this.

There should be mention of a right of way as this is on an old deed I have for a previous owner, but that's not a problem as I have a Statutory Declaration and an insurance policy was taken out by the previous owners in respect of this.

The Title Plan has my property edged in red but there are no T marks.

G_M

Maybe it's 'relatively new' in Wales, we might be a bit behind on some things

This guide will give you the dates of which areas in Eng/Wales became compulsory registration areas on which dates. The last areas were included in 1990.


These may also help you:

http://www.landregistry.gov.uk/public/about-us/role

1. How do I find out where the boundary of my property is?
2. How do I find out who owns and/or has the responsibility for the boundary fence/wall/hedge of a property?
3. Can Land Registry help me resolve a boundary dispute with my neighbour?

If you have particular queries about a Title, The LR can assist:

http://www.landregistry.gov.uk/contact-us

TomsMom

Very many thanks G_M, for the info and the links. I hadn't got around to looking at the FAQs so thank you for that, one of the links in particular may be very helpful for me. Cheers.

Land_Registry

Much of what has been posted is quite correct and G_M has supplied the relevant links and info. I shall merely pass comment on what seem to be the 3 salient points here

1. The Land Registry deals with titles in both England & Wales - the same system applies for Wales as well :-). The 'new system' is simply the development of an electronic register rather than a paper one.

2. What should be on the register/title plan - the key aspect is summed up by G_M's comment and many of these associated documents are also held by the Land Registry (but not all - only those submitted!).

If we look at the right of way (row) aspect there are a number of possibilities as to why it may not appear on the register e.g. never lodged for registration. However as a stat dec has been drawn up as well it suggests that there may be some issue with the legitimacy of the row which may also be a clue as to why the row does not appear on the register.

3. Every registered title is different in some way - they will all have an A and B register as the key concept is to define the property and the owner. Many will have a C register, especially if mortgaged and many with have other interests recorded e.g. rest covts etc BUT not all.
It is not unusual for a title to be free of both rest covts and boundary information

Our online FAQs will give you a better understanding of what might appear on a registered title.

I would be interested to read any further ?s you might have after reading the online info

Richard_Webster

And prior to 2003 you got a Certificate from the Land Registry with a blue or cream cover and inside it were the same details as are now provided electronically. If there was no information about fences, covenants, or rights of way then there won't be any now....

TomsMom

Richard_Webster wrote: »

And prior to 2003 you got a Certificate from the Land Registry with a blue or cream cover and inside it were the same details as are now provided electronically. If there was no information about fences, covenants, or rights of way then there won't be any now....

Thanks Richard. I purchased in 2008 but the property was subject to a deed of gift to Mrs Previous Owner in 1977 and then in 1998 it was subject to a deed of gift from Mrs Previous Owner between herself and her husband. I have the deed of gift in a cream folder from 1998 and there's no information about fences etc.

Looks like wont get any information from the deeds then. Thanks everyone for your input.

Richard_Webster

I've just noticed Toms mum's location - it could be anywhere - but there is a song about the mountains of Mourne...as in:

Where the mountains come down to the sea

so that doesn't mean you are in Northern Ireland does it? In which case most of you have been told is possibly rubbish as the comments would have been based on the system in England and Wales....