Whilst land registration began in 1925, it was not until 1985 that registering your property became compulsory when a transaction such as a sale occurs. As a result, there are still a number of properties in England and Wales that have not yet been registered.
You may wish to consider registering your property “voluntarily” when no transaction takes place.
Title deeds can be misplaced. This can happen if, for example, one spouse or partner passes away when the survivor has lost capacity or is in a care home. Where are the originals? Sometimes, the family assume that they are held at the bank but this may not be the case. We have also had the situation where well-meaning family have unwittingly destroyed the title deeds. Loss of the documents will lead to lengthy, and costly, complications. It is very difficult to prove who owns the property without the title deeds. If your home is not registered and the deeds cannot be found by executors, distributing assets becomes complex and costly.
By registering your property with the Land Registry, your title and ownership will be held electronically. If your deeds subsequently become lost it might be an emotional loss but not a financial one.
Furthermore, registering your property has additional safeguarding benefits as well as giving you clarity and certainty as to what you own and how you own it. Here at Casey & Associates, not only do we recognise the importance of registering your property, we also understand the complexity of how you can benefit from the way in which you own your property. For example, to protect the property between first and second death there may well be a trust in your Will and so it might be necessary to hold your property as tenants in common instead of jointly.
Here at Casey & Associates we like to make sure that we provide continued support throughout your lifetime. If you have a trust in your Will and you move home we recommend that you contact us so we can ensure your new property is owned in the correct way.
If you would like to discuss any of the above with your Consultant please click here to arrange an appointment.