Land Registry Delays, how it can affect Conveyancing and Completions

When buying or selling a property, one of the questions clients frequently ask is: “What is holding up my conveyancing?”

There can be many reasons for a conveyancing delay, from waiting for searches and mortgage offers to dealing with enquiries further along the property chain. However, another potential cause is an issue involving HM Land Registry.

Land Registry delays do not affect every property transaction and, importantly, a delay at HM Land Registry does not necessarily mean your sale or purchase cannot complete. However, certain outstanding applications or problems with the registered title can need to be resolved before a conveyancer is able to proceed safely.

So, how does the Land Registry affect conveyancing, and can a Land Registry application delay exchange or completion?

What Does HM Land Registry Do?

HM Land Registry records the ownership of land and property in England and Wales.

A property’s registered title contains important legal information. Depending on the property, this can include:

• The name of the registered owner

• A description of the registered property

• Mortgages or charges secured against it

• Restrictions affecting the title

• Rights benefiting or burdening the property

• Details relating to leases and other interests

When you sell a registered property, your conveyancer will usually obtain up-to-date copies of the registered title and title plan.

When purchasing, the buyer’s conveyancer examines the title as part of their legal investigations to establish that the seller can transfer the property and to identify matters that could affect the buyer’s ownership.

Can Land Registry Delays Hold Up a House Sale?

Yes, in some circumstances — but not every outstanding Land Registry application will prevent a property transaction from progressing.

The key question is what the outstanding application or title issue relates to.

For example, there could be a previous application pending at HM Land Registry which affects the title being sold. The conveyancers may need to establish whether the new transaction can proceed while that application remains outstanding or whether it needs to be completed first.

A Land Registry issue can potentially affect a sale or purchase where there is uncertainty over matters such as:

• Who legally owns the property

• The extent of the land being sold

• A restriction on the registered title

• An outstanding mortgage or charge

• A previous transfer that has not yet been registered

• A new-build or newly created title awaiting registration

• A transfer of part of an existing title

• A lease or lease extension awaiting registration

• Rights of way or other rights affecting the property

• An application to amend or correct the register

Some issues can be resolved relatively quickly. Others may require further documents, evidence or an application to HM Land Registry.

Can You Complete While a Land Registry Application Is Pending?

This depends on the nature of the outstanding application and the circumstances of the transaction.

A pending application does not automatically mean that completion is impossible.

The conveyancers involved will need to establish what the application relates to, its priority and whether the buyer’s ownership and any mortgage lender’s security can be properly protected.

In some transactions, there may be an acceptable legal route that allows the matter to proceed. In others, the outstanding application may need to be completed before exchange or completion can safely take place.

This is why two apparently similar property transactions can have very different timescales.

Common Land Registry Problems That Can Delay Conveyancing

1. The Seller’s Details Are Incorrect

Sometimes the information shown on the registered title does not reflect the seller’s current circumstances.

A change of name, an error in the register or changes following the death of an owner may mean additional evidence or documentation is required.

Identifying this early can help prevent problems later in the transaction.

2. An Old Mortgage Is Still Registered

A mortgage that has previously been repaid may occasionally still appear on the registered title.

Before the buyer is registered, the relevant charge will usually need to be appropriately dealt with.

This can involve obtaining information or documentation from the previous lender.

3. Restrictions on the Title

A registered title can contain restrictions which prevent certain registrations unless particular requirements are satisfied.

For example, a restriction may require a certificate or consent from a management company or another party.

If a third party needs to provide documentation, this can add time to the conveyancing process.

4. Problems With the Title Plan or Property Boundaries

The physical property being sold needs to correspond sufficiently with the legal title.

If there is uncertainty over whether a garage, parking space, garden or other area forms part of the registered title, further investigation may be necessary.

Depending on the circumstances, additional documents or a Land Registry application could be required.

5. A Previous Application Is Still Pending

Sometimes a previous transaction has completed but the resulting Land Registry application remains outstanding.

This can arise with transactions such as transfers, new-build purchases, transfers of part, leases and other changes to registered titles.

A subsequent buyer’s conveyancer will need to consider how that outstanding application affects the new transaction.

What Is a Land Registry Requisition?

When HM Land Registry considers an application but requires further information or documentation before it can complete the registration, it may raise a requisition.

The conveyancer who submitted the application will normally need to respond within the applicable timeframe.

A requisition does not necessarily indicate that there is a serious problem. It may concern missing information, clarification or additional documentation.

However, if the outstanding point is complicated or requires information from another party, resolving it can take longer.

Can a Land Registry Application Be Expedited?

In certain circumstances, it may be possible to ask HM Land Registry to expedite an application.

This can be particularly relevant where an outstanding application is causing problems for a related property transaction.

An expedition request generally needs to meet HM Land Registry’s requirements and be supported by appropriate evidence.

It is important to understand that expedition does not necessarily mean immediate registration. If there are outstanding legal issues or HM Land Registry needs further information, those matters still need to be resolved.

However, where the relevant criteria are met, requesting expedition can be an important option for conveyancers dealing with a time-sensitive transaction.

How Long Does Land Registry Take After Completion?

Many buyers are surprised to learn that they may receive the keys to their new home before HM Land Registry has formally completed the registration of their ownership.

After completion, the buyer’s conveyancer will normally deal with the relevant post-completion requirements before submitting the registration application to HM Land Registry.

The time required for registration can vary significantly depending on the type and complexity of the application.

A straightforward change to an existing registered title may be processed differently from a more complex application involving a new title, new lease or transfer of part.

Therefore, the fact that registration remains outstanding after you have moved into the property does not, by itself, mean that there is a problem.

Your conveyancer should continue dealing with the registration process and any queries raised by HM Land Registry.

Does Land Registry Need to Be Updated Before Completion?

Not necessarily.

Whether an outstanding Land Registry matter needs to be completed before the transaction itself can complete depends on what the issue is and how it affects the legal title.

This is an important distinction.

A general delay at HM Land Registry and a title problem which prevents a conveyancer from proceeding are not necessarily the same thing.

Your conveyancer needs to consider the specific title, any pending applications, the requirements of the buyer’s mortgage lender and the circumstances of the transaction before advising whether it is safe to proceed.

How Can Sellers Reduce the Risk of Land Registry Delays?

Preparing for a sale early can help identify title problems before they become urgent.

If you are considering selling your property, it can be helpful to tell your conveyancer at the outset about anything which may have changed since you purchased it.

This might include a change of name, repayment of an old mortgage, alterations to the property’s boundaries, the purchase of additional land, a lease extension, changes in ownership or the death of a registered proprietor.

If you have relevant deeds, Land Registry correspondence, management company documents or paperwork relating to previous transactions, providing these promptly may also help your conveyancer investigate any issues.

Why Early Title Checks Matter

One of the most effective ways to minimise avoidable conveyancing delays is to identify potential title issues as early as possible.

Discovering a Land Registry problem shortly before the proposed exchange or completion date can put considerable pressure on everyone involved.

Finding the same issue at the beginning of the transaction gives your conveyancer more time to investigate the position, obtain documents, contact third parties and make any necessary applications.

For sellers in particular, instructing a conveyancer early can therefore be beneficial.

Are Land Registry Delays Something to Worry About?

An outstanding Land Registry application does not automatically mean that something has gone wrong with your property transaction.

Many Land Registry matters form part of the normal legal and administrative process involved in transferring property.

What matters is what is outstanding, why it is outstanding and whether it affects the current transaction.

Where an issue is identified, your conveyancer can investigate the registered title, explain the implications and advise on the appropriate next steps.

Need Help With a Conveyancing or Land Registry Matter?

If you are buying or selling a property and are concerned about a Land Registry issue, obtaining advice at an early stage can help establish whether it is likely to affect your transaction.

Our conveyancing team can assist with property sales and purchases and advise on Land Registry matters arising during the conveyancing process.

Contact our conveyancing team today to discuss your property transaction and find out how we can help.

This article is provided for general information purposes only and does not constitute legal advice. Land Registry and conveyancing requirements depend on the individual circumstances of each transaction