Hampshire property blog - March 10

Welcome to the March edition of the Hampshire property blog. This month we are looking at land registration and the implications for the disclosure of property prices.

property prices - do I have to reveal all?

I had an interesting question from a client last week, who asked, having just completed his purchase, if he had to disclose the price, as he was aware of websites giving the values of houses in various locations.

When I started work, the price was never shown on the land register, and if any one had said "web site" they would have been pointed to the nearest crypt.

Since the land register became open to the public almost twenty years ago, it has been possible to search for details of properties. In 2001, the land registration rules were changed to allow the price to be entered on the title to the property, which means that it is now possible to find out what the Jones' paid for 10 Acacia Avenue, and thus to discuss the state of the local property market at the next grisly dinner party or barbecue.

The registry can pass this price information to websites, and can charge for this. Licensed websites are unlikely, in my view, to agree to remove the price details when they have paid for this information, and they can argue that the price paid is in the public realm anyway.

The land registration rules do state that the registry must enter the information wherever practicable to do so, so I suppose one could try and argue that it is not practicable to work out the price for some reason, such as that the price was not wholly paid in cash terms, eg by saying that the price was made up of money plus shares, or if the deal involved future overage payments or the like.

However, this is not the most practical way of buying in Acacia Avenue, and these types of arrangements often bring their own problems.

It seems that we will have to accept that, whilst it may be terribly vulgar and un-British, there is little one can do to prevent nosy neighbours from finding out what you paid for your property.

For further information on the subject featured here, please contact Radu Herklots, a senior solicitor in Blake Lapthorn's Residential Property team in Southampton on 023 8085 7210 or radu.herklots@bllaw.co.uk.