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Land Registry Delays and how our Local Conveyancing Solicitors can assist your Property Transaction

Posted on 3rd September 2023

Formed in 1862, HM Land Registry are a government department, creating a record of land and property, and the matters affecting them, inclusive of rights, restrictions and ownership thereof. Each property, or land plot, when registered, is given its own unique title number, which it can be identified against, as a way of viewing the items that are registered against the same.

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The Land Registry, currently, hold information on approximately 26 million titles, and approximately 88% of land in England and Wales is registered with them. If you believe your land or property is currently unregistered with the Land Registry, see our blog on Voluntary First Registrations, in which our property solicitors in Lancaster discuss the benefits of registering your property, here. For a fixed-fee quote, contact our local solicitors today, at property@mglegal.co.uk.

When registering a change to the property’s title, be this to change ownership, register an interest thereover, or make amendments to the Register, your property conveyancing solicitor is required to make a formal application with the Land Registry. Within this application, the application type is specified, and provided along with any evidence to support the application, for example, a signed Transfer Deed (TR1). Your property solicitor in Lancaster then submits this via the Land Registry portal, for the same to be reviewed, and registered accordingly.

There are, however, currently, ongoing delays being experienced with applications that have been lodged, that are, in some instances, taking almost two years to complete.

The Problem:

Given the delays being faced, this is resulting in the status of many applications lodged, with the Land Registry, being marked as ‘pending’ or ‘awaiting processing’. Why is this an issue? – you may ask; well, our solicitors in Lancaster are here to explain.

Whilst an application is noted as pending, this means that the Land Registry records have not yet been formally updated, and the Register will remain as it was. This can also hinder subsequent changes being made to the title, and creates a domino effect of ongoing delays. Recent publications have suggested that these delays are creating issues for many individuals, for example, those wishing to re-mortgage, who are missing out on more favourable mortgage deals and rates, because the title to their property has not yet been formally updated.

The Solution:

Whilst our local property solicitors have no control over the Land Registry time scales, our team of experts will always work in your best interests, to find a solution. Our conveyancing solicitors in Lancaster are up to speed with the Land Registry systems, using the same on a daily basis, to assist our client’s transactions progressing as smoothly as possible.

Our property experts are able to use what is known as an expedition tool, offered by the Land Registry, to expedite applications, and have them processed on a fast-track type basis. The Land Registry will agree to expedite applications in instances where the delays are causing hardship, or are affecting the ability of another transaction proceeding. Expedited applications are, currently, usually concluded within a 10 working day time scale, as opposed to the delays that we discuss above. For example, if a homeowner wishes to sell their property, but the property is not yet registered in their name, our conveyancing solicitors in Lancaster would apply for an expedition, for the application to be concluded, so that the homeowner can market the property, and sell without issue.

Rest assured that, on the day of Completion of your transaction, the Deeds are marked accordingly, and the transaction is legally binding. If, therefore, you are experiencing issues with your registration, speak to our team today, by contacting us below.

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The Land Registry have set out a list of key priorities, for 2022-2025. One of which includes an effort to deliver an improved speed of service, meaning we may see a positive reduction in the delays currently being suffered. Until then, our property solicitors in Lancaster will continue to strive to assist our valued clients, to ensure the delays cause as little disruption as possible. If you have registration queries, or any other property conveyancing question, contact our specialist team today, and speak to a fully qualified solicitor, who will guide you through. Email our team, at property@mglegal.co.uk.