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Last edited 07 Sep 2021
When land or property is entered in the register, the Land Registry will then record details such as changes of ownership, mortgages or leases that affect it, and so on. This gives greater certainty and security to owners and potential purchasers. If loss is suffered because of an error or omission in the register it is possible to seek compensation.
The Land Registry is a government department. It was created on 15 October 1862 to register the ownership of land and property in England and Wales. By 1950, it included one million titles, by 1975, 5 million and by 1990, 10 million. 80% of land in England and Wales is now registered.
As encumbrances (interests that affect land) may be a factor in assessing value or marketability, it is common practice to commission an official search of the Land Register before purchasing land or property.
The Land Register can provide:
- Details of ownership.
- Copies of title registers, title plans, leases and other documents.
- Details about financial burdens such as mortgages.
- The price last paid to purchase the land or property.
- Flood risk indicator results.
- Details of easements and restrictive covenants that the land or property may be subject to or may benefit from.
- Details of franchises (rights granted by the Crown).
- Details of manors (lordship titles).
However, the Land Register is not conclusive on all matters, such as:
- Details of local land charges.
- Information about the rights of occupiers.
- Details of unregistered land or property.
- Details of land and property in Scotland or Northern Ireland.
- Old property deeds and historical information.
- Planning issues.
In 2014, the government began a consultation process to assess whether a new company could take on service delivery functions from HM Land Registry. (Ref. Gov.uk Land Registry: new service delivery company 23 January 2014.) It was anticipated that the sale would raise £1.2 bn. However, in July 2014, following disagreement between Lib Dem and Conservative members of the coalition, the government announced it had suspended indefinitely plans to privatise the Land Registry.
These plans were raised again by the Queen's Speech in May 2016, as it was to be included as part of the new Neighbourhood Planning and Infrastructure Bill. A consultation was then launched on the Land Registry's future operating model which set out the options for moving its operations into the private sector.
However, when the Bill was introduced into Parliament as the Neighbourhood Planning Bill 2016-17 in September 2016, there was no mention of the Land Registry. A government spokesperson said, “no decision has been taken on the future of the Land Registry. A consultation on the Land Registry’s future closed in May and we are carefully considering our response. It is only right that new ministers take time to look at all their options before making a decision.”
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- Search fees.
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