Guide to Finding, Acquiring, and Registering Unregistered Land in England

1. Identifying Unregistered Land

In England (and Wales), not all land is on the Land Register. Land that has never been sold or mortgaged since compulsory registration laws began may remain unregistered. The official way to check this is by using HM Land Registry’s Index Map. Any area not covered by an existing title on the index map is likely unregistered. You can request an Official Search of the Index Map (Form SIM) from HM Land Registry, which will confirm whether the parcel is registered and list any affecting title numbers. For example, HM Land Registry notes that “when land is unregistered, any sale, gift or first mortgage of it will trigger first registration” – implying that unregistered parcels exist and must be sought out.

Use the Land Registry’s Index Map search (SIM). An official SIM application (post or portal) will tell you if the land is registered, and if so under what title. Blank (unregistered) areas can thus be identified accurately.

If you have HM Land Registry portal access, use the digital MapSearch service. MapSearch is a free online map tool for business e-services users that “quickly establishes whether land and property in England and Wales is registered” and provides title numbers. While MapSearch cannot register land, it instantly shows if land is registered or not (blank on the map means unregistered). The official practice guide confirms MapSearch is an approved self-service alternative to SIM.

2. Online Searching and Tools

If working online, the Land Registry MapSearch portal is the most reliable free method. After obtaining a business e-services account, you can “view the location of registered land and property” and see at a glance if your parcel appears unregistered. Unlike searching by address (which only finds registered titles), MapSearch lets you pan and zoom. For greater assurance (and indemnity protection), you can use the Index Map search via the portal: it costs £7 per search online (£11 by post) and yields a certificate of result.

3. Steps to Acquire Unregistered Land Legally

Acquiring unregistered land involves identifying the owner (or claiming title) and then applying to register the title. In practice, the steps are:

Confirm the land is unregistered: After locating the parcel on a map, obtain either a portal-based MapSearch or an official Index Map search (SIM). If the search shows no title number or pending application, the land is unregistered. Keep the search certificate.

Identify the owner: You must find out who owns the land to acquire it. HM Land Registry practice guidance emphasizes that a prospective purchaser should always make a Land Charges search by owner name. Using Form K15 (or K16) via the Land Charges portal, search the Land Charges Index against every name mentioned in any deeds, old wills, or records relating to the land. Also examine any historical deeds or local records you can access – e.g., deeds registers in some counties – to piece together who owns or held title. If an owner is found, proceed to negotiate purchase or transfer. If no owner can be found (or the owner refuses), you may consider adverse possession (see note below).

Arrange acquisition (sale/transfer or adverse possession):

• By purchase or transfer: If you locate a willing seller (the current owner), you would proceed as in any conveyancing: agree a price or terms, prepare a transfer deed (e.g., form TR1 for freehold), and exchange contracts. Because this is unregistered land, such a disposition triggers compulsory first registration. The Land Registration Act 2002 requires the new owner or mortgagee to apply within two months of completion.
• By adverse possession: If the owner cannot be found, a long-term squatter may claim title. In practice, this means occupying the land as owner for the statutory period (typically 12 years for unregistered land) without force or permission. After 12 years uninterrupted possession, the squatter acquires a possessory title at law and can apply for first registration. (However, note the process is complex and this answer focuses on purchase; see HM Land Registry Practice Guide for adverse-possession applications.)

Do due diligence searches: Regardless of how acquisition is arranged, your conveyancer will need up-to-date searches. This includes Land Charges searches against every title owner and previous owner in the chain, as required for first registration. In particular, search against the seller, any deceased predecessors, any mortgagees, and the applicant if applicable. Also conduct any local authority, drainage, or other requisition searches as needed for standard conveyancing.

Prepare documentation for first registration: Collect all title deeds/abstracts forming the chain of ownership back to a “root” of title (preferably at least 15 years old). Prepare the Land Registry First Registration application using Form FR1. Complete FR1 carefully: Panel 1 names the local authority (for rates); Panel 2 gives an address or description; Panel 3 requires you to define the extent by plan. You must attach a plan based on Ordnance Survey showing the land’s boundaries clearly. Mark an ‘X’ in the first box of Panel 3 and attach the OS-based plan (“ad hoc plan”) at an appropriate scale. Include all relevant deeds (conveyances, leases, wills, etc.), identity forms, a statutory declaration for value (saying consideration paid), and evidence of any consent or notice (if applicable). If registration is due to adverse possession or lost deeds, submit statutory declarations or form O2 information instead of the usual root deed.

Submit the application: File the FR1 and accompanying documents (with the deeds and plan) to HM Land Registry via the portal or post. Pay the registration fee based on the land’s value (scale 1). Fees for first registration start at £20 by portal (£45 by post) for land up to £80,000, rising to £1,105 for land over £1,000,000. Also pay any search fees: the Index Map search (SIM) costs £7 per search, and a K15 Land Charges search costs £6–£7 per name.

Respond to Land Registry examination: HM Land Registry will process the application, checking the deeds, notices, and plan. They may raise requisitions if the title is unclear. A site inspection is rare but possible – if done, it carries an extra £40 fee. Ensure you respond with clarifications or certified statements as required.

Completion of registration: Once HM Land Registry is satisfied, they will register the title and issue a new title number. You will receive official copies of the register and title plan. The land is now officially registered in your name under the Land Registration Act 2002.

4. Approximate Costs

Fees depend on value and search scope. Key costs include:

Registration fee: From £20–£45 for a low-value property (less than £80k) up to £1,105 for multi-million value. (Portal lodgment is cheaper than post.)

Index map search (SIM): £7 per search via the portal (£11 by post).

MapSearch: Free (for business e-services users).

Land Charges search: £6 per name (electronic) or £7 (postal). You may need multiple name searches if the chain has many owners.

Other search fees: Local authority, environmental, or drainage searches vary by council (not set by HM Land Registry).

Surveyor/plan: Professional fees to prepare an OS-based plan are private and not published.

Conveyancing and legal fees: If you use a solicitor, these vary widely (not covered by public documents).

Stamp Duty Land Tax: If you purchase the land from someone else for money, SDLT may apply. Note that SDLT is not payable on freehold purchases under £40,000. Above that threshold, standard SDLT rates apply (e.g., 0% on the first £250k for most buyers).

Overall, land registry and search fees for a modest unregistered plot will be on the order of tens to a few hundred pounds (depending on area and value). The purchase price of the land itself can be minimal (if bought from a private owner with no market) but is highly variable.

5. On-the-Ground Procedures After Identifying Unregistered Land

Once you have identified the parcel and intend to acquire it, certain practical steps on the land may be needed:

Site survey and plan preparation: The Land Registry requires a clear plan of the land. You should have a suitably scaled OS-based plan drawn up (often by a chartered surveyor) to submit with FR1. This may involve a survey visit to mark boundaries on the map. Land Registry practice notes that the plan must be “based on the Ordnance Survey map” and the land clearly identified.

Boundary and access verification: Check boundaries carefully. Under LRA 2002 s.60 (general boundaries rule), the exact ownership of boundary features (like highways) may be undefined. Practice guidance notes that highway land is normally excluded from the title plan and its ownership remains undetermined. In other words, do not assume roadside verges or public paths belong to your title. Confirm any right of way or access before developing.

Land Registry inspection: HM Land Registry may in some cases inspect the land (especially if there is confusion about boundaries). If they do, an extra £40 fee is charged. You should be prepared to show site boundaries to the inspector if asked.

Development considerations: If you plan to build on the land for residential use, remember that planning permission is required from the local council before construction. This is outside the Land Registry process, but essential for lawful use. Likewise, connect utilities (water, electricity) only after legal ownership is secured.

Avoid unauthorized works: Do not assume you can alter or occupy unregistered land at will. Until registered as owner (or legal occupant via adverse possession), physical changes may breach trespass laws. Even after first registration is lodged but before completion, you do not yet have indefeasible title. Always proceed with caution and obtain advice if needed.

6. Hypothetical Step-by-Step Process (Search to Registration)

For clarity, here is a concise workflow for finding, claiming, and registering an unregistered plot for personal residential use:

Select target area: Pick a likely location (perhaps an unused field or plot) and check in OS maps or satellite imagery.

Use MapSearch or SIM: On the Land Registry portal, try MapSearch. If the land shows no title, perform an official SIM search to get the certificate. This confirms its unregistered status.

Investigate ownership: Research adjacent title deeds (through Land Registry or solicitors) to see if they mention “other lands”. Conduct a Land Charges K15 search against names found in any deeds or local records. Contact these individuals (or their successors) if possible.

Acquire title:

• By agreement: If you find the owner, negotiate a transfer (TR1). Ensure all predecessors consent or have passed title properly.
• By squatters’ claim: If owner is unknown and the land is deserted, you must possess it openly (fence it, maintain it, pay taxes like council tax) for the statutory period (generally 12 years for unregistered land). After that period, you can apply by adverse possession.

Carry out searches: Order updated Land Charges searches against all relevant people (current owner, previous owners, etc.). Also do any necessary planning/water searches.

Prepare FR1 application: Gather chain of title deeds back to at least 15 years ago if possible. Fill in Form FR1: give council name, address/description, and attach a detailed plan. Include all required deeds, identity forms, and evidence of payment or inheritance.

Pay fees and lodge: Submit FR1 via Land Registry portal (or by post with paper forms). Pay the Scale 1 fee based on land value, plus £7 for the SIM search if used and £6–£7 per name for each land-charges search.

Respond to LR queries: If HM Land Registry raises any requisitions (requests for clarification, extra evidence, or explanations of any Land Charges entry), respond promptly with certifications or documentation. For example, if any land-charge was found, explain why it does or doesn’t affect your title.

Receive registration: When all is in order, the Land Registry grants registration. You will receive a new title register and official title plan confirming your ownership. You may then proceed with any residential development lawfully.

7. Key Points and Official Guidance

Several official notes and rules can help or complicate this process:

Land Charges searches are essential: As HM Land Registry advises, “a search should always be made in the Land Charges Department by a prospective purchaser of unregistered land”. This protects against hidden restrictions (e.g., annuities, planning obligations) that could bind the land.

Cautions against first registration (Form CT1): If you have (or claim) an interest (e.g., a prescriptive easement) and someone else threatens to register first, you can lodge a caution. Practice Guide 3 notes that certain rights (like prescriptive easements) can be protected by a caution. While a caution doesn’t give title, it alerts the Land Registry that someone claims a stake before any first registration.

Quality of title (root of title): The strength of your application depends on documentary proof. HMLR recommends a “good root at least 15 years old” for unregistered land. Providing an old conveyance or will at least 15 years back helps obtain an absolute title on registration. Weak title chains (e.g., only recent deeds) may lead only to a possessory or qualified title.

Highway and boundaries: Note that highways or public paths are usually excluded from private title. Practice guidance confirms that highway land is “normally excluded” from the red line on a title plan. In effect, owning land up to a public road often does not include the actual road surface unless explicitly stated.

Special rules for leases: If the unregistered land involves a long lease, remember that grants of new leases over unregistered land (freehold owner) will treat the lease as a first registration of the new lease. Under LRA 2002 s.27(2)(b), leases granted out of registered titles before Oct 2003 were not registrable then, but now are. A voluntary applicant may be a landlord registering leases, or a tenant registering a lease extension.

Timescales: For any compulsory first registration (e.g., sale or mortgage), the new owner has two months from completion to apply. Late applications can be accepted but may require additional procedures. For voluntary cases, there is no time limit, but delays mean lack of legal title (buyers are unprotected until registered).

Fees and portal usage: Remember to use the Land Registry portal if possible – it saves money and speeds processing. For example, registering a £100k sale costs £100 via portal instead of £230 by post. Likewise, digital searches (SIM, K15) are cheaper by £4 per name/search than postal.

Documentation: Original title deeds are normally required. HM Land Registry will scan and return originals. If deeds are genuinely lost or destroyed, special rules apply (see Practice Guide 2) – you may need to submit an indemnity or statutory declaration and your title may end up only as possessory or possibly good (not absolute).

Land acquisition strategy: Much unregistered land is held by the Crown, Duchies, Church, or large estates, which historically never sold it. If the owner turns out to be the Crown Estate, Duchy of Cornwall, etc., you must follow their specific processes (official searches exist for those names). Also, be aware that some counties had historic deeds registries (e.g., Yorkshire). HMLR’s blog notes you can search county record offices.

Be lawful on the land: Finally, any work or improvement on the land before you own it must comply with law. If you squat and build, you might still break planning or trespass law. Always get proper permission. There is no quick “homesteading” shortcut beyond adverse-possession processes.

Guide to Acquiring Unregistered Land and Beach Margin

1. Buy the Land from a Traceable Owner

If you can identify or locate the rightful owner (even if not registered):

• You can negotiate a private sale.
• This is the fastest and cleanest way to gain legal ownership.
• Once purchased, apply for first registration via Form FR1 and a conveyancer’s statutory declaration.

Use archives, probate records, electoral registers, or neighbours to trace ownership.

2. Claim via Bona Vacantia (Owner Died with No Heirs)

If the owner is deceased without a will or known heirs, the land passes to the Crown (known as bona vacantia):

• You can apply to buy or claim this land from the Crown Estate or Duchy of Lancaster/Cornwall.
• Use form BVC2 to refer land believed to be vacant.
• If unopposed, you may acquire it for a relatively low price.

Refer Bona Vacantia Land – GOV.UK (BVC2 form)

3. Register Possession with a Strong Legal Claim (No 12-Year Wait)

You may be able to register land before 12 years if you have:

• Historic documents showing long-term control
• You inherited the land (but it was unregistered)
• You bought it informally but the title was never registered
• You lost the deeds, but can show you or your family were the rightful owners

See: Practice Guide 2 – First Registration Where Deeds Are Lost

This route is especially useful if:

• You inherited or bought the land many years ago
• You’ve maintained or used the land openly
• Neighbours or witnesses can support your claim

4. Claim Part of a Deceased Estate (If You’re a Beneficiary or Claimant)

If the land belonged to someone who died and:

• You are an heir, relative, or entitled claimant
• But the estate was never settled

You can file a claim through probate or apply via the Bona Vacantia route if no heirs exist.

How to claim a deceased person’s estate – GOV.UK

5. Apply to Register Title to Ownerless Land (Discretionary Claim)

You may apply to register land you’ve used, even if less than 12 years, under discretionary powers of HM Land Registry — but only in rare, compelling cases.

Requires:

• Exceptional evidence (maintenance, care, improvements)
• No owner opposition
• Consent from affected parties or notice served with no response

This is very rare but possible.

6. Summary of Options Besides 12-Year Possession

Route	Description	Timeframe	Success Rate
Buy from legal owner	If you find them, purchase outright	Immediate	High
Bona Vacantia	Claim abandoned estates via Crown	6–12 months	Moderate
Lost registration / informal inheritance	Register based on historic use or documents	6–12 years	Medium
Probate ownership	It rightful heir	Varies (3–12+ years)	High (if proven)
Discretionary registration	Request registration from HM Land Registry based on exceptional use	6–12 years	Low (case-specific)

7. Land Between Beach and Inland Property (Not Foreshore)

This type of land is often called:

• Backshore or beach margin
• It sits above the high-water mark but below boundaries or garden of coastal properties
• It may be unregistered, abandoned, or unknown in ownership

Key Legal Principles

2. Land Above High-Water Mark Is Not Automatically Crown-Owned

The Crown Estate owns the foreshore (between high and low water marks).

Land above the Mean High-Water Mark (MHWM) may be:

• Privately owned (by nearby homeowners)
• Owned by local councils or utilities
• Unregistered (but still legally owned — unless proven otherwise)

7.2. Unregistered Does Not Mean Unowned

Just because land is not on HM Land Registry does not mean it is unowned.

It may be:

• Owned under old deeds from before 1925 (when registration became voluntary outside London)
• Owned by the estate of a deceased person
• Owned by the Duchy of Cornwall, Duchy of Lancaster, Church, MOD, etc.

7.3. What You Can Do If It’s Unregistered and Unclaimed

Step 1: Check Ownership

• Use HM Land Registry Index Map Search (£4–£7 per parcel) to confirm unregistered status
• Walk the area and check for signs, fencing, or access restrictions
• Ask nearby homeowners and local council if they claim ownership

Step 2: Search Historical Records

• Look for clues in:
• Old title deeds (if neighboring land has them)
• Local archives / tithe maps / 1910 Valuation Office maps
• National Archives or County Record Offices

Step 3: Occupy and Enclose

• If no owner can be identified and the land is unused:
• Fence it or define boundaries
• Exclude others — important for adverse possession
• Use it exclusively (e.g., siting a beach hut or garden)

Step 4: Adverse Possession Route

• After 12 years of exclusive occupation with no permission, you can apply for first registration of title under adverse possession (Land Registration Act 2002, Schedule 6)
• Must include:
• Form FR1
• Form ST1 (statutory declaration)
• Map and photos
• Evidence of occupation: fencing, maintenance, signs, logs, witnesses

Considerations:

• This land may be subject to public rights (e.g., coastal path, right of way)
• If registered later by someone else, they may object and initiate eviction or challenge possession
• Success depends on lack of challenge and strength of your evidence

7.4. Summary

Criteria	Notes
Above high-water mark?	Yes — private ownership possible
Unregistered?	Check via HM Land Registry Index Map
No known owner?	Consider Bona Vacantia or adverse possession
Can you use or enclose it?	Yes, but risk enforcement if later claimed
Can you register it?	After 12 years of exclusive, unopposed occupation