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Do You Know Who Is Registered on Your Land Registry Title?

on Monday, 01 November 2021.

Where Land Registry titles for property held by partnerships or trustees are incorrectly registered in the names of the retired or even deceased, additional work is required to rectify the situation. What can you do to avoid the headache of fixing them?

How to Keep Your Land Registry Title Up-to-Date

You should always ensure that your commercial property is registered in the correct names, it's also worth double-checking the situation every time a partner or trustee joins or leaves, or there is major change within the business, to satisfy yourself that it is up-to-date. Whether the property is owned by a partnership, a charity, a company or some other entity, it must be registered at the Land Registry in the correct name. If the Land Registry title is outdated, there is a risk that any subsequent transaction will be delayed whilst this is rectified - and you may even be in breach of your obligations to your lender.

Common examples we see which can make matters much more tricky, is where a partnership property is held on trust by several former partners or where property is held by trustees. A partner or trustee may have retired and moved abroad or may have died, but their name remains on the title - or they may have the benefit of a restriction which prevents the title from being updated without their consent. The current partners or trustees often then face difficulties getting in touch or locating the former partner or trustee or their personal representatives, or perhaps the former partner or trustee left under a cloud and is unwilling to cooperate with the transaction. This then results in delays and increased costs.

If you're not sure in whose names your property is currently registered, we can quickly review the Land Registry title to let you know, and advise you on the next steps to take if it needs to be updated.

Are You at Risk of Property Fraud?

Properties should also have the correct address for service noted at the Land Registry to ensure any notices relating to the property are received by the correct recipient. An incorrect address for service can have catastrophic results if notices are not received. This could result in a multitude of issues, for example, property fraud, third parties gaining rights or interests over the property or financial implications relating to legal charges affecting the property.


If you need assistance with Land Registry titles, do not hesitate to contact Lara Brand in our Real Estate team on 0117 314 5622, or complete the form below.

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