Farmers: Organising Your Affairs – Stage 1: Checking and registering your land.

For many farmers in England and Wales, landholdings comprise multiple titles, some registered and others unregistered, often accumulated over generations. It is very rare to find a farm under a single registered title and these titles may be in various names, reflecting different ownership interests. While the farm might operate as a partnership, the specific ownership stakes, i.e. who owns what, can be ambiguous. Agriculture and Rural Affairs Solicitor Mike Bracegirdle explains why it is important to check your land ownership.

Why Prioritise Land Registration?

As a starting point, landowner’s should ensure that all their land is registered with HM Land Registry, and if not getting it registered must be a priority. This has the following advantages:

Proof of ownership: HM Land Registry provides official proof of ownership along with a title plan indicating general boundaries. While these plans aren’t definitive, they serve as valuable references. Unregistered properties often lack accurate plans or have non-scaled versions.

Security: The Land Registry maintains electronic copies of your title and related deeds. This resolves the issue of knowing where your deeds are and that they are complete. It is not uncommon for lenders to retain unregistered deeds long after a mortgage has been settled, or for solicitors’ practices to merge, making deed retrieval challenging and costly.

The loss of unregistered deeds will necessitate a more complex application potentially resulting in a possessory title rather than an absolute one, which may complicate future transactions.

Title Guarantee: The class of title granted will be guaranteed by the government. Title Absolute is the highest standard and means that in the event that an error occurs in the register causing a loss to the owner, the Land Registry can provide compensation.

Fraud prevention: Registering land can prevent fraud, such as unauthorised copying or withholding of title deeds, or by seeking to claim adverse possession due to unclear ownership records. Once registered, the Land Registry can alert you if a third party attempts to register a mortgage or charge against the property or land.

Dispute Resolution: Land registration can help prevent disputes relating to boundary locations and maintenance and repair obligations. Registration makes future sales of whole or part much easier. It also simplifies future sales, as the title register includes essential information like easements, mineral rights reservations, rights of way, and restrictive covenants governing land use.

Protection of interests: Other parties’ interests can be protected by the registration of a notice or caution. If a registered title has a restriction requiring third-party consent for any disposition (e.g., gift, sale, or mortgage), it may protect agreements like overage or options entered into by current or previous proprietors.

How do I register my land?

While self-registration is possible, engaging a qualified land agent or surveyor alongside our experienced Agricultural Team of Solicitors is advisable for a successful application.

1. Prepare a Compliant Plan: A land agent can create a Land Registry-compliant plan detailing your property’s boundaries.
2. Conduct a SIM Search: Your Solicitor will perform a Search of the Index Map (SIM) to confirm whether the land is unregistered.
3. Verify Title Documentation: The Land Registry requires at least 15 years of title evidence, meeting specific criteria. Your Solicitor will review these documents to ensure compliance.
4. Submit the Application: The Solicitor will prepare and submit forms FR1 and AP1, along with the unregistered deeds, to the Land Registry. If the deeds hold particular significance, you can request their return after scanning. Proof of any settled mortgages or charges is also necessary, typically provided through the mortgage or charge deed and a Land Charges search.
5. Determine Ownership Structure: When submitting the application, specify whether the property will be held as joint tenants (where ownership passes automatically to the survivor upon death) or as tenants in common (where each owner holds a distinct share). For tenants in common, a Form A restriction will be applied, which requires at least two proprietors to sign any disposition documents. Ownership proportions can be detailed in the transfer deed or a separate declaration of trust.

Take Action Now

Ensuring your land and property titles are properly registered is not just about ticking a box—it is about safeguarding your interests, preventing potential disputes, and securing the future of your farm for generations to come. At Butcher & Barlow, we understand the complexities and challenges that come with managing agricultural land. That is why our Agricultural Team are here to provide expert guidance and tailored support every step of the way.

Whether you are just starting the process or have concerns about an existing title, we are here to help. Reach out to us to schedule an initial consultation and take the first step towards securing your land and property.

Contact Mike at mbracegridle@butcher-barlow.co.uk or telephone 01606 334309.

 

This article is just the first in our comprehensive guide for landowners and farmers. Over the coming weeks, we will explore several critical topics to help you secure and manage your assets effectively. These will include an in-depth look at the importance reviewing the the title to your land, the role of Lasting Powers of Attorney (LPAs) in protecting your interests, and the advantages and challenges of operating within partnerships or company structures. We’ll also cover the vital aspects of estate planning, including wills and the administration of estates, to ensure your wishes are honoured and your legacy is preserved. Check back for practical advice and insights designed to support you in every stage of securing your farm and future.