From 6 April 2009 compulsory registration of title will be required when there is a change of trustees. Trusts considering or requiring a change in trustees should therefore consider bringing these forward to before 6 April to avoid having to go down the compulsory land registration route.
That is not to say that registration of title is a bad thing – it has several benefits – but the voluntary route is favourable to the compulsory one. With voluntary registration the process can proceed on a more consensual basis with the Land Registry, it is not subject to the time limits imposed by compulsory registration, and there is a chance of a small saving in Land Registry fees.
Should it become necessary to change trustees after April 2009 then the trustees should consider applying for voluntary registration before any change is made so that the registration process can be carried out voluntarily.
Robinson & Hall have helped many clients through the registration process by providing acceptable plans for the Land Registry, checking boundaries and investigating ownership.
For more information contact Stephen Home BSc FRICS FAAV on 01234 362911.