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 Island Life - www.islandlife.tv