Unregistered Land in England: What It Means and What to Do

Unregistered Land in England

Despite the Land Registry holding over 26 million titles, approximately 15% of land in England and Wales remains unregistered. This article explains what unregistered land means and what to do if you own or want to buy it.

Why Is Some Land Not Registered?

Land registration became compulsory in stages:

**1899**: Voluntary registration introduced in London

**1990**: Compulsory on sale across England and Wales

**1998**: Extended to gifts, assents, and first legal mortgages

If a property hasn't been sold, gifted, or mortgaged since compulsory registration applied in its area, it may never have been registered. This is common for:

Land held by the same family for generations

Agricultural land that has never been sold

Common land and village greens

Church and charity-owned land

Land owned by the Crown or government bodies

How Is Ownership Proved Without Registration?

For unregistered land, ownership is proved by a chain of title deeds — physical documents recording every transfer of the property going back at least 15 years (the root of title). The owner must keep these deeds safe, as losing them can make proving ownership difficult.

Problems with Unregistered Land

**Risk of lost deeds**: Without registration, there is no central backup of ownership records

**Slower transactions**: Buyers and their solicitors must examine the chain of deeds instead of a simple register entry

**Adverse possession**: It is easier for someone to claim unregistered land through long occupation (squatter's rights)

**Uncertainty**: Boundaries are defined only by the deeds, which may be vague or contradictory

How to Register Unregistered Land

Anyone who owns unregistered land can apply for voluntary first registration with the Land Registry. Benefits include:

State-guaranteed title

Protection against adverse possession claims

Easier and cheaper future transactions

A 25% reduction in the registration fee for voluntary applications

What If You Can't Find the Owner?

If a piece of unregistered land has no apparent owner, you may be able to apply for possessory title if you've occupied it for the required period. This is a complex legal process requiring professional advice.

Search the Register

Check whether a property is registered by searching on Online Land Registry. If no results are found, the land may be unregistered.