Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Unregistered land definition

What does Unregistered land mean? Property where ownership is evidenced by historic title deeds rather than a state title register. In England and Wales, it means land without a title number at HM Land Registry; title is deduced from a chain of deeds and protected by Land Charges and bankruptcy searches, with compulsory first registration on most transfers, leases and legal charges under the Land Registration Act 2002. In Scotland, it refers to property not yet on the Land Register of Scotland, with title instead in the Register of Sasines; transfers and standard securities typically trigger first registration under the Land Registration etc. (Scotland) Act...

Deducing title to unregistered land in England and Wales: first registration triggers, who registers, evidencing title, good root of title, and maintaining an unbroken chain of ownership

Published by a LexisNexis Property expert

Practice notes

This Practice Note sets out how to investigate title to unregistered land, with particular emphasis on compulsory first registration, which party ought to register, the evidence of title that is needed, what constitutes a good root of title, and the significance of maintaining an unbroken chain of ownership.

Compulsory first registration

A purchaser of an unregistered freehold or a lease with more than seven years unexpired (a ‘qualifying estate’) has a statutory duty to apply for first registration. The purchaser must apply within two months of the event that triggers first registration. If that time limit is missed, the purchaser takes only an equitable title. The legal estate reverts to the seller and is held on a bare trust for the purchaser. This creates a risk that the seller could transfer the land elsewhere, or create further encumbrances, leaving only a claim for breach of trust.

Buyer or seller to register?

The buyer should confirm that no transaction has occurred which would have required the property to be registered at hm land registry. These transactions include:

on or after 13 October 2003, the transfer of a qualifying estate (excluding the transfer or grant of a leasehold estate in land under

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Web page updated on 21/05/2026

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