What if the property is unregistered?
Most properties in England and Wales are now registered with HM Land Registry, which provides a centralised and guaranteed record of ownership. However, some properties — particularly older ones or those that haven’t changed hands for decades — are still unregistered.
Buying an unregistered property at auction involves additional risks and responsibilities, and it’s vital that you understand what this means before you bid.
What does “unregistered” mean?
An unregistered property:
- Has no digital title record at HM Land Registry.
- Is instead proven by a collection of original deeds, contracts, conveyances, and documents — often referred to as the “root of title.”
- May not have an up-to-date plan showing the property’s boundaries.
The buyer is responsible for first registration after completion — a process that must be done to legally own and deal with the property going forward.
What can special conditions include?
- Missing deeds: If key documents are lost, it can be hard to prove ownership or boundaries.
- Boundary disputes: There may be no clear plan confirming what land is included.
- Undisclosed rights or easements: You may be unaware of rights of way, covenants, or third-party interests.
- Mortgage difficulties: Many lenders are cautious about lending on unregistered properties.
- Longer conveyancing timeframes: Title must be reconstructed from old paperwork.
Auction sellers sometimes include a statutory declaration to support the title if deeds are missing — but this is not a guarantee of good title.
What you should do
Before bidding:
- Have your solicitor examine all available deeds and documents carefully.
- Check that there’s a clear, credible chain of ownership going back at least 15 years.
- Ensure a title plan is included or can be reliably reconstructed.
- Be prepared to register the property yourself with the Land Registry — which involves extra legal work and fees.
At Versus Law, we are experienced in first registration of unregistered land and can assist in identifying risks in the deeds before you commit.
Summary
Buying an unregistered property adds complexity and risk. Without a Land Registry record, you’re relying on old paperwork — and if anything is missing or unclear, it may affect your ability to prove ownership or secure finance. Make sure your solicitor checks the title thoroughly before bidding, and be ready for the extra work involved in registration.