Land Registry Information
The aim of this section of the site is to help give you a better understanding of what the documents we offer mean; in order to help you choose the right document for your needs and to help you to interpret them once your order is completed. The conveyancing information we provide is completely free whether you place an order with us or not.
This section also covers some of the more common conveyancing and property related issues that might arise such as disputes with neighbours, claiming ownership of land and establishing the position of the boundary. This information is not intended to be a substitute for professional legal advice and we would ask you to note the disclaimer at the foot of the page before continuing.
What Conveyancing Information You Will Find in this Section
We start by covering the basics like what is an official copy and what do the individual sections mean? We will be covering boundaries and the filed plan, what to look for in a lease, what to consider when owning a property jointly and what terms like freehold and leasehold actually mean, together with many more topics surrounding official copies and land registration.
We will be updating the conveyancing information page with new articles regularly so if you can’t find what you need just now why not bookmark us and pay us a visit later?
What You Will Not Find in this Section
The purpose of this conveyancing information section is to assist with the ordering and interpretation of official copies and other land registry documents. It is not intended to be a comprehensive guide to conveyancing and we will not generally stray into areas not directly or indirectly connected with land registry documents.
Sometimes you will be looking to obtain documents in order to resolve a dispute. We can certainly provide documents for this purpose and we will have articles on subjects such as enforcement of covenants and boundary issues however we will not be covering litigation procedures (litigation is the process that is sometimes required when a dispute cannot be resolved amicably and involves court procedures etc). This is a complex area of law completely separate to conveyancing and we think it’s best left to the experts!
What are Official Copies
“Official Copies” is the term used to describe copies of documents of title produced by the Land Registry. When the Land Registry is asked to register a piece of land for the first time it will need to examine the owner’s title deeds to confirm they are the legal owners. At that time the Land Registry will take copies of deeds which contain information that it thinks will be relevant to a future purchaser and which is capable of being recorded on the register of title. It will create an entry in the register of title for the property including the postal address/a description of the land, details of the legal owners and details of any mortgages and other interests secured on the property.
An official copy, whether it be of a document or of the register entries for the property, has the advantage of being admissible in evidence to the same extent as the original. This means that a buyer is entitled to rely on an Official Copy whereas he is not entitled to rely on a mere photocopy.
Find out more information about Land Registry Official Copies
Land Boundaries and Disputes
Disputes regarding the position or maintenance of boundaries are among the most common neighbourly disputes and the most difficult to resolve. The Land Registry Title Plan (or Filed Plan) indicates a general boundary only and does not confirm the exact position of the boundaries of the property.
In order to ascertain the exact boundary it is necessary to consider any pre-registration title deeds and any physical boundary features or other evidence such as old photographs. Boundary disputes can become very complicated and costly in terms of legal fees and should not be entered into lightly.
Read more details on Land Boundaries and Disputes
Understanding the Registers of Title
The Land Registry’s register of title is split into three sections, the Property Register, the Proprietorship Register and the Charges Register. Each section contains a different set of information about the legal title to the property.
Briefly, the Property Register describes the land, the Proprietorship Register describes the owner and the Charges Register describes any third party interests which bind the property.
Joint Tenants or Tenants in Common?
One of the most important decisions that must be made when buying a property with someone else is whether you will hold it as joint tenants or as tenants in common. This affects how the equity in the property will be divided up after one of you dies and potentially whether the survivor can even stay in the property.
You should also decide whether to own equal or unequal shares, particularly where you have made unequal contributions to the purchase price. Where these matters are not specifically dealt with the law may make certain assumptions about what your intentions must have been.
More help on joint tenants or as tenants in common.