What happens if a property is unregistered and there is no title deed?
There are a few reasons why the title might not be available for a property: -
HMLR is down or unavailable
HMLRs working hours are between 6.30am and 11pm. If we run a process outside of these times, title information isn't always accessible, so we recommend running the process within those working hours.
HMLR didn’t return a result because the property couldn’t be found
Properties that have been owned since before compulsory registration may not have a registered title, which can pose challenges in confirming boundaries and ownership.
HMLR found too many results
If the property you are searching for is in a large block of flats please contact our support team. Simply click the yellow chat button on this page to chat with Mia, or submit a support form and we will research the title for you, in many cases we can find titles and attach them to the property.
The property is not registered because the property is a new build
For newly constructed properties, the title may not be available immediately, causing delays in confirming ownership and other details.
It is possible that the property is in the process of being registered, but HMLR doesn’t disclose that due to its new build status.
The Material Information can still be completed if the title isn’t available here, however it will require slightly more information being provided by the client.
The property is a project or off-plan sale
In cases where properties are being sold off-plan or as part of a development project, the title may not be available until completion, making it difficult to confirm certain information.
The Material Information can still be completed if the title isn’t available here, however it will require slightly more information being provided by the client.
In conclusion
If you do find a property you're working with hasn't got a registered title, whilst the Material Information process can still be fulfilled (with slightly more manual input being required of the client), It's vital for the current owner or those with authority to act on the behalf of a registered owner to get the title registered.
Here's some information you can share with clients to help them to follow the correct process:
https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time
It's certainly worth being proactive with clients and encouraging registration to happen sooner rather than later, so to avoid delays with the transfer of ownership which are likely to happen later down the line.