Buying and selling a house involves a lot of documentation.
Title deeds are one of the most important documents involved.
So, what are they? And where can you access them?
Read on to find out.
What are title deeds?
Title deeds are a set of documents that list a property’s ownership status and history.
You’ll usually get a copy of the title deeds when buying a house. The property will be transferred into your name at this point.
Usually included in the title deeds are documents relating to:
- Mortgages
- Leases
- Contracts of sale
- Wills
- Conveyances
- Rights of access.
Each of these documents tends to contain extra details. For example, a lease (if applicable) often indicates:
- When it was last renewed
- What the terms are
- How long is remaining on the lease.
If you have questions about your title deeds, speak to your conveyancer during a house sale or purchase.
Where are title deeds stored?
HM Land Registry keeps a digital copy of all title deeds. If you want to see yours, you can request them from HM Land Registry.
This system was setup in the 1990s. So, if your house has been under the same ownership during this entire time, the original copies might not be there.
There are often other organisations that keep a copy of your title deeds. You’re entitled to have a copy yourself.
Your mortgage lender often keeps one. And many homeowners choose to store a hard copy at a bank or with a solicitor.
Do the title deeds show my property boundaries?
Your title deeds show general boundaries for your property.
You’ll be guided on the boundary’s general position, but there won’t be a precise map.
In legal disputes, the title deeds are often insufficient to prove where one boundary ends and another begins.
You may thus need to bring in an expert to assess it in-person.
Other documents can offer guidance on your exact boundaries.
Written agreements between neighbours might exist. And historical photographs and physical features on the ground can also give supporting evidence.
Should I have a physical copy of the title deeds?
Not everyone keeps a physical copy of their title deeds. But you are entitled to have one if you wish.
When you buy a house, your solicitor should give you a copy of the title deeds within one month. If you don’t get one, ask them about this.
You can also get a copy of your title deeds from HM Land Registry. You’ll have to pay £3 to download a copy of the title register.
If the deeds are marked as ‘filed’, then HM Land Registry has a scanned copy.
Fill in the deeds request form and send it to HM Land Registry. They should then send you the title deeds by mail.
Visit the government website or speak to a solicitor for more guidance on this process.
Can I sell a house without the title deeds?
It’s possible to sell a house without the title deeds. You just need to prove that you are the legal owner.
Having original deeds is the easiest way to register your property with HM Land Registry.
But if you can’t find the original deeds, you should make a reconstitution of title with HM Land Registry.
A solicitor can help you with this. This process creates new deeds that list you as the owner.
Should I buy a house without the title deeds?
Most experts strongly advise against buyers proceeding with a deal on a house that doesn’t have title deeds.
Even if you plan to apply for a reconstitution of title, there may be further legal hiccups further down the road.
Cash buying companies will sometimes buy a house without the title deeds being available. But this is a risk, so they pay a reduced price.
Can I make changes to the title deeds?
Yes, you can make changes to your title deeds. HM Land Registry has several forms that you can fill out and send to them.
The relevant form depends on the details of the changes you want to make. Examples could include:
- Changing your name
- Transferring part of your property
- Transferring all of your property.
As part of this process, you usually need proof of ID.
There’s a small fee and you typically need a solicitor to sign the document. It can take several months for the changes to be made.
Does a tenant have a right to see the title deeds?
A tenant can apply to see the title deeds for a property through the Land Registry website.
But the landlord is not legally required to show them these documents themselves.
