A guide to our responsibilities
What is Land Registry?
We are a government department created in 1862 to register the ownership of land and property in England and Wales.
Why does Land Registry exist?
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To provide a reliable record of information about ownership of and interests affecting land.
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To provide owners with a title that is underpinned by the state.
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To simplify the transfer of interests in land.
How does land registration work?
Please see the four sections below.
Legislation
The Land Registration Act 2002 ('the LRA 2002') and the Land Registration Rules 2003 (‘the LRR 2003’) provide a statutory framework for registration. We must follow the legislation when carrying out our duties.
Our role
Individuals who become landowners or own interests in land must apply to us for their interest to be registered. The application may be to:
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register unregistered land
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register a new owner of a registered property following a sale
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register an interest affecting registered land, such as a mortgage, a lease or a right of way.
Our role is to consider each application and take account of the provisions of the LRA 2002 and LRR 2003 and any other relevant legal considerations in order to decide whether to register the application.
If all the legal requirements are clearly met, we will register the application. However, where there are doubts about whether the application meets the necessary legal requirements, we may make further enquiries to see whether it is appropriate to register the application or to reject it on the basis that it does not satisfy the relevant legal requirements.
In some cases we may decide to, or have to, give notice to people with a potential interest who may wish to object to the application, before we decide whether to grant it.
First registration of unregistered land
On first registration of unregistered property, there are particular responsibilities that exist for us. We must:
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be satisfied the applicant has proved their ownership of the property, usually by producing documents of title, including the deed transferring ownership and a chain of ownership from at least 15 years before that deed
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identify everything of relevance in the deeds that affect the property, and enter these in the register
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be able to identify from the information supplied by the applicant the extent of the property to be registered on the most recent edition of the Ordnance Survey map.
This information will be used to prepare the register and title plan.
The title plan will be prepared using Ordnance Survey detail as a base and will be subject to Ordnance Survey’s published tolerances of accuracy. Ordnance Survey detail shows the position of physical features on the ground; it does not show legal boundaries.
Most registered title plans will be subject to general boundaries, which means that the red edging we use to identify the property on a title plan represents a general indication only, rather than the precise position of the boundary.
Mistakes and compensation
Unfortunately, mistakes may occur in the register from time to time; for example, the omission of an entry for a right of way from a register or the inclusion of too much land in the title. If you suffer loss as a result of a mistake in the register, you may be entitled to compensation, known as “indemnity”.
The LRA 2002 sets out the circumstances in which indemnity is payable. You must show that your claim falls within the strict criteria set out in the LRA 2002 to claim indemnity. Further information is available in Practice Guide 39.
This is a complex legal area and it is recommended that you seek independent legal advice.
What is outside Land Registry's responsibilities?
We are not responsible for:
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the accuracy of the Ordnance Survey map which provides the basis of title plans – this is the role of Ordnance Survey
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checking that people buying property are clear about what they are buying – this is the responsibility of the buyer/their conveyancers
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overseeing the conveyancing process or the actions of conveyancers – this is the role of the relevant professional bodies
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overseeing applications for planning permission – this is the responsibility of local authorities
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checking that property owners do not encroach on each other’s property – this is the responsibility of the property owners themselves, with legal advice when necessary
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monitoring the use and accessibility of rights of way – this is the responsibility of the people benefiting from these rights
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checking that any restrictive covenant limiting the way in which the land may be used, is complied with – this is the responsibility of the person with the benefit of the covenant.
