Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations

Copyright © 2025 LexisNexis
Published by a LexisNexis Property expert
Practice notes

Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations

Copyright © 2025 LexisNexis

Published by a LexisNexis Property expert

Practice notes
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This Practice Note looks specifically at stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations, such as searches and contract plans, in connection with deducing title to unregistered land. It explains how to deal with each element and covers both the present and the historical position where appropriate.

Stamp duty

Check that each document prior to 1 December 2003 has been correctly stamped. In the case of a lease, note that a lease granted before 1 December 2003 or pursuant to an agreement for lease made before 10 July 2003 will fall under the stamp duty regime. Where necessary, ask the seller to apply for late stamping at their own cost. Unstamped or incorrectly stamped documents:

  1. •

    are not a good root of title

  2. •

    are not valid links in the chain of title

  3. •

    will not be accepted by hm land registry on application for first registration

  4. •

    will not be accepted by the court in civil proceedings

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Unregistered land definition
What does Unregistered land mean?

Land in respect of which there is no entry on the Register of Title.

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