If you’re buying an older property in Northern Ireland, you may hear your solicitor say that the property is “unregistered” or that it is held in the Registry of Deeds rather than the Land Registry.
This often causes concern for buyers, but in reality it is quite common, particularly with properties that have been in the same ownership for many years.
The good news is that there is a well-established process for dealing with this. Following the purchase, your solicitor will apply to register the property in the Land Registry for the first time. This is known as First Registration or Compulsory First Registration.
What is the Registry of Deeds?
Before the Land Registry became widely used, property ownership in Northern Ireland was commonly recorded in the Registry of Deeds.
Rather than holding a definitive record of ownership, the Registry of Deeds records documents such as conveyances, mortgages and other deeds relating to a property. Ownership is established by examining the title deeds and tracing the history of the property through those documents.
Many properties across Northern Ireland are still held under this older system, particularly houses that have not changed hands for a long time.
Why Does the Property Need to Be Registered in the Land Registry?
The Land Registry is now the primary system for recording ownership of land in Northern Ireland.
Unlike the Registry of Deeds, the Land Registry maintains a map-based register showing ownership of the property, together with any rights, restrictions or mortgages affecting it. The information recorded is backed by a government guarantee of title.
To create a complete and reliable register of land ownership across Northern Ireland, legislation requires most sales of unregistered property to be registered in the Land Registry for the first time. This is why the process is called Compulsory First Registration.
What Happens During the Process?
Investigating the Title
As shown in our previous article where we outlined the The Steps Involved in Buying a House in Belfast, before contracts are completed, the purchaser’s solicitor will carefully review the title deeds.
Unlike a registered property, where ownership can be confirmed by examining the Land Registry folio, an unregistered property often has a bundle of deeds stretching back many years. Your solicitor must check those documents to ensure the seller has good title to the property and that there are no issues affecting the purchase.
Completion of the Purchase
Once all searches and enquiries have been dealt with, the purchase completes in the usual way and the buyer becomes the owner of the property.
Many clients are surprised to learn that they do not need to wait for Land Registry registration before moving into the property. Ownership transfers on completion of the sale. The registration process happens afterwards.
Registration in the Registry of Deeds
Following completion, it is often good practice for the transfer deed and any related documents to be registered in the Registry of Deeds before the first registration application is submitted to the Land Registry.
This creates an official record of the transaction while the Land Registry application is being processed and ensures that any associated documentation, such as mortgage releases, has been properly recorded.
Applying for First Registration
The purchaser’s solicitor will then prepare and submit a First Registration application to the Land Registry.
This involves lodging the title deeds, transfer documentation, mapping information and the relevant Land Registry forms. The title is examined by the Land Registry before a new folio is created.
How Long Does First Registration Take?
This is one of the questions we are asked most often.
The answer is that it varies.
Straightforward applications may be processed relatively quickly, while older or more complex titles can take several months. If the Land Registry requires further information or raises queries about the title or property boundaries, the process can take longer.
As a general guide, buyers should not be surprised if first registration remains ongoing for a number of months after completion of the purchase.
Importantly, this does not normally affect ownership of the property. Once the purchase has completed and the application has been lodged, the buyer’s interest is protected while the Land Registry processes the application.
What Are the Benefits of First Registration?
Once registration is complete:
- The property receives its own Land Registry folio number.
- Ownership is clearly recorded on the Land Register.
- The title benefits from a government guarantee.
- Future sales and remortgages are usually simpler and more straightforward.
- The property is identified on a Land Registry map, helping to clarify ownership boundaries.
Need Advice?
If you are buying or selling a property that is currently registered in the Registry of Deeds, our conveyancing team led by William Wilson can guide you through the process from start to finish.
We regularly deal with First Registration applications throughout Northern Ireland and can advise on title deeds, Registry of Deeds registrations, Land Registry applications and any issues that arise during the registration process.
This article is intended as general guidance only
