Island Life Magazine Ltd August/September 2007 | Page 22
life
PROPERTY
“MY HOME IS
MY CASTLE”
– OR IS IT?
Photo - Terence Willey
For most of us the
acquisition of our own
home is one of the most
important aspirations.
Your ownership is
established by way of
proof of legal title.
In the case of registered land
a Title number is allocated
to the property by the Land
Registry, and a Register
consists of three parts.
• The Property Register deals
with the full description of the
property by reference to a
Crown Copyright plan showing
the full extent of the legal
boundaries of your property.
• The Proprietorship Register
details full details of present
ownership and historical record
of all owners of the property
since first registration.
• The Charges Register
includes all details of
anything which would
constitute a Charge over
the Title itself, namely a
Mortgage, covenants, rights,
restrictions and reservations
and any other matters
pertinent to the property.
Once the property is registered,
the Title is guaranteed and
insured by the Crown. Although
challenges are sometimes made
of registered Titles, the benefits
of registration far outweigh
that of unregistered land,
where the extent of boundaries
cannot be guaranteed.
The Land Registry initially had
a target of 2012 to assure that
every property within England
and Wales is registered.
However, rather than seek any
specific target date the Registry
is now actively encouraging
22
first registration to achieve
a progressive increase in
registrations each year. At the
present time, and to encourage
first registrations, the Land
Registry are offering a discount
on the usual scale of charges
for those voluntarily presenting
their Titles for first registration .
Since the 1st April 1986
all properties on the Isle of
Wight changing hands were
obliged to be registered, but
there are still many thousands
of properties locally which
remain unregistered. The death
of a family member will often
cause people to think about
registering a Title, and those
considering transferring the
ownership of their property
within the family must do
likewise. After all, if Deeds
which are unregistered are lost
or mislaid, it can prove to be a
very expensive procedure to
re-establish Title backed by an
Insurance Indemnity Policy.
As the Land Registry is
now a Department of public
access, a check can be made
electronically to see whether
your Title is registered or not.
If not, and for a cost of little
more than replacing your
washing machine, you can
bring your Title into registration
for your own protection, for
that of your family who may
be inheriting it, but moreover
for your peace of mind.
If you would like any further
guidance or assistance
without obligation please
do not hesitate to arrange
an appointment by
telephoning 01983 875859
or 01983 811222.
Our title
deeds were
not registered!
Many people on the
Island are unaware
that their land needs to
be registered and, to
encourage them, the
Land Registry is currently
offering a discount on its
usual scale of charges
for those voluntarily
registering their home.
Had one couple not made
a chance visit to their
solicitor Terence Willey,
their little piece of heaven
in Havenstreet might have
been at risk. But they now
have peace of mind.
Jim and Muriel Winter live in
a little idyll, tucked away from
the constant stream of traffic
running through the village of
Havenstreet. The front garden
to their sturdy chalet-bungalow
is a picture of peace and
repose, with its rambling roses
and well-established trees. And
in the back flourishing rows of
beans attest to a lifetime’s love
and commitment to gardening.
So it came as quite a shock to
find that part of their property
was potentially at risk – because
it hadn’t been registered
with the Land Registry.
“We had the land for the house
since 1969”, explained Mrs
Winter. In the 1980s the land
at the back came up for sale
when the farmer who owned it
died, and the couple bought it
at auction. “But when we went
to see Mr Willey at Terence
Willey and Co to get our wills
updated he found that our extra
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