Land Registration Act 2002: What Buyers Must Check

What is the Land Registration Act 2002?

The Land Registration Act 2002 controls important parts of the registered land system in England and Wales. It supports the registration of legal ownership and certain property rights, mortgages, leases and restrictions.

When a property is registered, HM Land Registry normally creates a unique title number, a title register and a title plan. Some deeds and documents referred to in the register may also be held separately.

The legislation also contains priority rules. These rules help determine which property interests take priority when ownership, mortgages or other rights are registered.

However, registration does not mean that every fact about a property appears in one document. Certain interests may bind a buyer even when they are not clearly recorded on the register. This is one reason why conveyancing searches, seller enquiries, inspections and professional legal checks remain important.

What does a Land Registry title register show?

Most title registers are divided into three sections. Each section answers a different question about the property.

Not every property has a C register. Some entries also refer to an older conveyance, transfer, lease or deed rather than repeating its full wording.

Practical warning: If the register says that a document is “filed”, ask whether your conveyancer has obtained and reviewed that document. Important restrictions, access rights and maintenance responsibilities may appear there rather than in the short register entry.

What does the title plan show?

The title plan supports the written property description. It usually uses red edging to show the general extent of the registered title.

A buyer should compare the plan with the property on the ground and the estate agent’s particulars. Pay particular attention to:

• gardens or side passages outside the red edging;
• garages and parking spaces that may have separate title numbers;
• shared driveways or access roads;
• land removed from the title and shown in another colour;
• paths, service routes or areas referred to by letters or colouring; and
• lease plans showing the flat, storage area, balcony or parking space.

The title plan normally shows only general boundaries. It should not be scaled to decide the precise legal boundary or determine ownership of a fence, hedge or wall. The underlying Ordnance Survey detail can also appear out of date.

For a leasehold flat, the red edging may show the whole building. The lease and its plans must therefore be checked to understand exactly what is included in the flat’s legal demise.

How is new ownership registered after completion?

For a normal purchase of registered property, the buyer’s conveyancer usually submits the application to HM Land Registry after completion. The application may include the transfer document, registration form, evidence relating to Stamp Duty Land Tax and details of the buyer’s new mortgage.

Common forms include TR1 for a transfer of the whole registered title, TP1 for a transfer of part and AP1 for the application to change the register. Different forms or additional evidence may be needed for unusual transactions.

HM Land Registry processing can take longer when an application involves a new lease, transfer of part, first registration, title defect, missing consent or inaccurate documentation.

Current HM Land Registry guidance confirms that the applicant’s legal rights are protected from the date a valid application is received, even when the register takes longer to update. A long processing period does not necessarily mean the application has been lost or rejected.

What should the buyer receive?

After registration is completed, ask your conveyancer for confirmation and a copy of the updated title information. Check that:

• your name is recorded correctly;
• your correspondence address is current;
• the new lender’s charge is correctly recorded;
• the previous owner’s mortgage has been removed where required; and
• any agreed ownership restriction has been entered.

What is an OS1 or OS2 priority search?

A priority search is normally carried out by the buyer’s conveyancer shortly before completion. It checks for changes or pending applications affecting the title and protects the proposed transaction for a limited period.

• OS1: used where the transaction affects the whole of a registered title.
• OS2: used where the transaction affects only part of a registered title.
• OS3: provides information but does not give the same priority protection.

HM Land Registry’s current official-search guidance provides a priority period ending at midnight on the 30th working day after the search application was received. The registration application must be lodged within the protected period to obtain its benefit.

If completion or registration is delayed, the conveyancer may need a replacement search. Buyers should not normally submit these searches personally because the applicant name, protected transaction, title number and timing must match the legal transaction.

Why it matters: The priority search helps protect the buyer and lender against certain competing applications lodged after the search but before the purchase is registered.

Property fraud and the title register

Property fraud can involve someone pretending to be an owner and attempting to sell or mortgage the property. HM Land Registry identifies higher-risk situations including rented properties, empty homes, properties without a mortgage, owners living overseas and unregistered property.

Owners can reduce the risk by keeping their contact address on the register current and using HM Land Registry’s free Property Alert service. Property Alert can monitor up to 10 registered properties and sends an email when certain searches or applications are received.

An alert does not automatically block an application. Owners who receive an unexpected alert should investigate promptly.

Some owners may also consider applying for a restriction that requires a conveyancer to certify their identity before a sale or mortgage can be registered. The suitability and wording of a restriction should be checked carefully because it may create extra steps and professional costs during a genuine future transaction.

What buyers should check before exchange

1. Registered owner: Confirm that the seller’s identity and authority to sell have been established.
2. Title class: Check whether the property has absolute, possessory, qualified or another class of title.
3. Tenure: Confirm whether the property is freehold or leasehold and, for leasehold property, review the lease separately.
4. Extent: Compare the title plan with the house, garden, access, garage, parking and any outbuildings.
5. Separate titles: Check whether important areas are registered under additional title numbers.
6. Rights: Confirm legal access, rights of way, drainage rights and rights for pipes, cables or services.
7. Restrictions: Identify consents, certificates or management-company requirements needed for the purchase to be registered.
8. Covenants: Understand any restrictions affecting extensions, business use, alterations, parking or building on the land.
9. Charges: Confirm how the seller’s mortgages and other financial charges will be discharged.
10. Filed documents: Obtain relevant transfers, conveyances, deeds and leases referred to in the register.
11. Pending applications: Ask whether any application is already awaiting HM Land Registry processing.
12. Priority period: Confirm that the appropriate priority search will remain valid when the registration application is submitted.

Common misunderstandings about Land Registry documents

The title plan proves the exact boundary

Usually it does not. Most title plans show general boundaries and should not be used for precise measurements.

The online title register is complete proof of ownership

A downloaded online copy is useful for ordinary checks, but HM Land Registry says an official copy is required where proof of ownership is needed for legal purposes.

The register shows every person’s financial share

The register records the legal proprietors but does not normally state each beneficial owner’s percentage. A declaration of trust or other separate document may contain that information.

Everything affecting the property must appear on the register

Not always. The register may refer to separate deeds, and some interests can affect registered land without being obvious from the register. Seller enquiries, searches and inspection of the property remain important.

A delayed registration means the purchase has failed

Not necessarily. Applications can remain pending for months, particularly when they are complex. Ask your conveyancer to confirm that the application was submitted correctly and remains protected.

Questions to ask your conveyancer

• Does the registered title include everything shown in the sale particulars?
• Are there additional freehold, leasehold, garage or parking titles?
• Do any restrictions require consent or a certificate before registration?
• Have all deeds and documents referred to in the register been obtained?
• Are the property’s access and service rights sufficient for normal use?
• Will the seller’s mortgage be removed on completion?
• Are there pending Land Registry applications affecting the title?
• Which priority search will be completed, and when will it expire?
• When should I expect confirmation that my ownership registration is complete?