Unregistered Property Purchases
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Unregistered Property Purchase Solicitors
An unregistered property purchase involves buying a home or land that has not yet been recorded with HM Land Registry. This is common with properties that have been in the same ownership for many years and have never changed hands in a way that triggered compulsory registration. While the process differs from buying a registered property, it remains entirely straightforward with the right legal support.
At Clifford Johnston, our specialist residential conveyancing solicitors have over 35 years of experience guiding clients through the purchase of unregistered properties. Our role is to ensure that the ownership history is carefully examined, all necessary documents are accounted for, and the registration process is completed properly on your behalf. We make certain that everything is in place to provide you with a clear and secure title to your new home.
We are proud to be accredited by the Law Society’s Conveyancing Quality Scheme (CQS) and Lexcel Legal Practice Quality Mark, reflecting our commitment to the highest professional standards.
From our offices in Stockport and Manchester, we provide a thorough, responsive service for clients across Greater Manchester and Cheshire.
Call us today or complete the form below to speak with one of our experienced conveyancing solicitors.
How Can Our Unregistered Property Purchase Solicitors Help?
Our residential property solicitors are highly experienced in dealing with the legal intricacies involved in purchasing unregistered land and property. With over three decades of residential conveyancing experience, we understand the practical steps required to ensure a smooth and legally sound transaction, even where no prior Land Registry record exists.
When you instruct us, we will carry out a comprehensive title investigation, reviewing the chain of ownership through original deeds, conveyances, and other historical documents. This process is essential to confirm that the seller has the legal right to transfer the property, and that there are no unresolved issues such as historic rights of way, covenants, or other burdens that could affect your future use or enjoyment of the property.
Our team will advise you clearly and confidently on any matters that arise and take proactive steps to resolve them before they become problems. We have particular expertise in identifying gaps or inconsistencies in title documentation and securing appropriate indemnity insurance where necessary. Once the purchase completes, we will manage the entire first registration process with HM Land Registry, ensuring that your title is formally recorded and protected for the future.
As an accredited firm under the Law Society’s Conveyancing Quality Scheme and holders of the Lexcel Legal Practice Quality Mark, we are recognised for our professional standards and our commitment to client care. With offices in both Manchester and Stockport, we are ideally placed to assist clients across Greater Manchester, Cheshire, and beyond.
When you work with us, you can be confident that your property transaction is being handled by specialists who take your investment seriously and will guide you with clarity and precision at every stage.
Understanding Unregistered Property Purchase Conveyancing
Conveyancing for unregistered property differs from standard transactions in that the legal title to the property is not held digitally at HM Land Registry. Instead, ownership must be evidenced through original title deeds and historical documents, which are often decades old. The solicitor’s role is to trace and verify an unbroken chain of ownership, often involving multiple past transactions, to ensure that the seller can lawfully transfer title. This process demands meticulous attention to detail and a clear understanding of property law and historic conveyancing practices.
At Clifford Johnston & Co, we use our extensive experience in handling these matters to identify any gaps in documentation, investigate third-party rights or easements, and advise on whether indemnity insurance is required. We ensure that once the transaction completes, the property is properly registered for the first time at HM Land Registry, giving the new owner certainty, legal protection, and peace of mind for the future.
The Process of Purchasing an Unregistered Property
The legal process for buying an unregistered property involves several key steps, each of which must be handled with care to ensure a secure and lawful transaction. At Clifford Johnston & Co., we guide you through every stage with confidence and clarity:
Step 1: Instruction and Initial Checks
Once you instruct us, we will obtain and review the draft contract and title documentation provided by the seller’s solicitor. This will include copies of the physical title deeds and any additional evidence required to establish ownership.
Step 2: Title Investigation and Deed Review
We conduct a detailed review of the title deeds to ensure there is a clear and unbroken chain of ownership. This includes checking for any rights, covenants, or encumbrances that could affect the property, as well as identifying any missing or potentially problematic documents.
Step 3: Raising Enquiries and Search Results
We raise formal pre-contract enquiries with the seller’s solicitor to clarify any issues or anomalies. At the same time, we carry out local authority and environmental searches to uncover any planning matters, land charges, or other risks affecting the property.
Step 4: Pre Exchange Advice and Indemnity Considerations
If any issues are identified, for example, missing deeds or uncertain boundaries, we will advise you on appropriate solutions, which may include obtaining indemnity insurance. We provide clear guidance on your legal position and confirm that you are in a position to proceed.
Step 5: Exchange of Contracts
Once all enquiries are resolved and you are satisfied with the title, contracts are exchanged, and the transaction becomes legally binding. A completion date is set, and funds are transferred in preparation for completion.
Step 6: Completion and Registration
On completion day, legal ownership transfers to you and the purchase is finalised. We then prepare and submit the first registration application to HM Land Registry, supported by the original deeds and all required forms.
Step 7: Confirmation of Title
Once registration is complete, HM Land Registry issues an official title number and electronic title register confirming you as the legal owner. We send you a copy of the registration documents for your records.
Why Choose Clifford Johnston & Co. for Unregistered Property Purchases?
Clifford Johnston & Co. is one of the North West’s most respected law firms, with over three decades of experience handling residential conveyancing matters, including complex unregistered property transactions. We are accredited under the Law Society’s Conveyancing Quality Scheme (CQS) and hold the Lexcel Legal Practice Quality Mark, recognition of our commitment to excellence, client care, and compliance. Our conveyancing solicitors combine technical expertise with local knowledge, offering a proactive and responsive service from initial instruction to Land Registry registration. We understand the unique challenges that can arise when dealing with older properties and historic deeds, and we have the skill to resolve issues efficiently while keeping you informed at every stage. With offices in Stockport and Manchester, we are ideally placed to serve clients across Greater Manchester, Cheshire and the surrounding regions. When clarity, certainty and legal security matter, you can rely on Clifford Johnston & Co. to deliver.
But the benefits are only fully realised when the legal process is handled properly. With the right conveyancing support, your remortgage can proceed without unnecessary delay or complication, protecting your interests at every stage.
Frequently Asked Questions for Buying Unregisgtered Property
What is the risk of buying an unregistered property?
Buying an unregistered property carries additional legal considerations because ownership is not recorded on the digital Land Registry system. Instead, proof of ownership relies on original title deeds, which must be carefully reviewed to ensure they are complete, authentic, and show a clear chain of ownership. Without proper legal guidance, there is a risk of missing documents, unresolved third-party rights, or historical issues that could affect your ability to sell or use the property in future.
However, when handled by experienced solicitors, these risks can be effectively managed and resolved as part of the conveyancing process. At Clifford Johnston, we ensure that all necessary checks are carried out and that your ownership is securely registered after completion.
Can a property be sold if it is not registered? What are title deeds?
Yes, a property can still be sold even if it is not registered with HM Land Registry. In such cases, ownership must be proven through original title deeds, these are historical legal documents that set out the property’s ownership and any associated rights or restrictions. These may include conveyances, transfers, mortgages, and other records tracing the chain of ownership over time. The buyer’s solicitor must examine these deeds in detail to confirm that the seller has the legal right to sell. Once the sale is completed, the buyer must apply to register the property for the first time with HM Land Registry, creating an official record of ownership.
At Clifford Johnston & Co., we have extensive experience managing these transactions from start to finish, ensuring that both the legal transfer and registration are handled with accuracy and care.
What extra checks do I need when buying unregistered property?
When purchasing unregistered property, your solicitor will need to carry out additional checks that go beyond those involved in a standard registered transaction. These include a thorough investigation of the title deeds to establish a clear and continuous chain of ownership, checks for missing or defective documents, and careful scrutiny for any rights of way, covenants, or third-party interests that may affect the property. We will also ensure the seller has a sound legal basis to transfer ownership and advise on whether indemnity insurance is necessary. Once the purchase is complete, we will manage the first registration with HM Land Registry to secure your legal title.
At Clifford Johnston & Co, our experienced team ensures that every aspect of the transaction is handled with precision and care, giving you full confidence in your property purchase.
Do I have to register a previously unregistered property after I buy it?
Yes, you are legally required to register a previously unregistered property with HM Land Registry after purchasing it. This process is known as first registration and must be completed within a set timeframe following completion of the sale. Registration creates an official, digital record of ownership and provides greater security and legal protection for the property. It also simplifies any future transactions, such as selling or remortgaging.
At Clifford Johnston & Co, we take care of the entire registration process on your behalf, ensuring that all documentation is correctly submitted and that your legal title is formally recorded and protected.
What if there are boundary disputes with unregistered land?
Boundary issues can be more complex with unregistered land because there is no definitive Land Registry plan to confirm the exact legal boundaries. Instead, boundary lines must often be interpreted from old title deeds, historical conveyances, and physical features on the ground. These documents may lack precision, making disputes more likely in some cases. If a boundary is unclear or contested, our solicitors can investigate the documentary evidence, obtain expert reports if needed, and negotiate with neighbouring landowners to resolve the matter. Where necessary, we can also advise on formal boundary agreements or applications to determine and register the boundary with HM Land Registry.
At Clifford Johnston & Co, we have the legal expertise to handle such disputes efficiently and protect your property interests.
How does buying unregistered property affect the conveyancing timeline?
Buying unregistered property can extend the conveyancing timeline slightly compared to registered transactions. This is because your solicitor must carry out more detailed checks, including a full investigation of the title deeds to establish ownership and identify any issues such as rights of way, restrictive covenants, or missing documentation. These checks are essential to ensure the seller has good title to the property and that your legal position as the buyer is protected. Additional time is also needed after completion to prepare and submit the first registration application to HM Land Registry.
At Clifford Johnston & Co., we work proactively to keep any delays to a minimum, keeping you informed at every stage and ensuring that the transaction is progressed as efficiently as possible.
Contact our Unregistered Property Purchase Solicitors
If you are planning to buy an unregistered property or have been advised that the title is not yet registered with HM Land Registry, speak to our expert conveyancing solicitors today. Early legal advice is essential to ensure the ownership history is properly examined, the correct documents are in place, and your purchase proceeds without delay.
At Clifford Johnston & Co., we have over 35 years of experience handling residential conveyancing matters, including complex unregistered property transactions. From initial review of title deeds to first registration with HM Land Registry, we offer a thorough, responsive service tailored to your needs.
We operate from offices in Manchester and Stockport, supporting clients across Greater Manchester, Cheshire, Tameside, Trafford, and beyond. We also advise clients nationally and offer flexible appointments to suit your schedule.
Contact our Residential Property Solicitors today for clear, practical guidance on buying an unregistered property. Call us now or complete the enquiry form for a prompt and confidential response.
Need some professional advice?
Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.