What Are Title Deeds?

If you are buying or selling a home you may have come across the term ‘title deeds’, but you are wondering what they are? When considering selling your home or reviewing long-held documents, homeowners can be left with questions around their title deeds. This is because it is a historical paper deed. It was formed as the core evidence of property ownership. There has been changes to land registry over the years. But, as homeowners sort cupboards, clear out storage and spring clean, they are often left with the title deeds and wondering what to do with them.

Generally speaking, most properties across England and Wales are registered at HM Land Registry. This has replaced the need for the historic paper title deeds. It has become the register that proved home ownership, not the old paper title deeds.

Nowadays, when a property is registered with the Land Registry it means that ownership details are recorded electronically. The tile plan will show the extent of the property. Any rights, restrictions or covenants will be noted on the register too.

As a result of this, it means that misplacing the old title deeds is unlikely to prevent the sale of the home. As a seller, you will not need to produce historic deeds to prove the title and ownership. Instead, buyers and lenders will be able to rely on the records held by the Land Registry.

While old title deeds are generally no longer required for registered property, there is an important exception to note. If a property is unregistered, it means that you have no records held by the Land Registry to rely on. When this situation arise ownership must be proven through the original paper title deeds. These will form the chain of the title. They will also confirm that the seller owns the property and has authority to sell the property too.

In some cases, missing title deeds for unregistered land can lead to significant delays. This results in the needs for statutory declarations. It can even prevent a transaction from progressing until the title is registered. It’s important to note that an unregistered property tends to be uncommon. However, it is still a situation that can occur. In these cases, historic deeds are essential.

While registered properties do not require a title deed to prove ownership, they can still be useful. For example, they can provide a useful background or help to clarify historic rights or boundaries for example. However, the electronic record on HM Land Registry will often be sufficient.

If you are concerned about your property, the title deeds or if the property is registered on HM Land Registry, then call our local conveyancing solicitors in Peterborough. Our conveyancers are here to support you through the purchase or sale of your property.