Key takeaways:
- Title deeds prove property ownership and outline associated rights and restrictions.
- Most properties are now registered with the Land Registry, meaning that they don’t have physical deeds but instead have a digital record.
- You need deeds when selling, remortgaging, and maybe when making major renovations.
- Copies are available from the Land Registry for £7 each.
- Selling without deeds is possible but complicates the process.
What are property title deeds?
Title deeds - also known as property deeds are a set of documents that establish who owns a property. Think of them as your property’s official identity papers.
- Documents can include:
- Proof of ownership
- Legal documents (mortgages, conveyances, some contracts)
- Property details (such as boundaries)
- Title plan
- Title registers
For most properties in England and Wales, this information is now stored digitally by the HM Land Registry rather than as physical paper documents. Documents stored by the Land Registry are not the original documents, but more on this later.
Guide: Documents for buying and selling property
What are title deeds used for?
Property title deeds prove who owns a property – plain and simple. They’re documents that confirm you legally own your property and detail everything that comes with it.
When you sell your property, you need your title deeds to prove that you’re the owner. Your conveyancer or solicitor will draw up a contract to transfer ownership of the property. When the sale has been completed, the buyer’s conveyancer will register the new owner with the Land Registry.
Title deeds can also be used when resolving disputes, such as whether a neighbour can use your driveway or where your boundaries end.
When do you need title deeds?
The most likely time you'll need your title deeds is when you're selling your property. However, you don't need to have the originals, just the digital copy.
You'll also want to check your title deeds when making significant changes to your property. Before building that extension or converting your loft, a quick look at your deeds will reveal any restrictions that might affect your plans - potentially saving you time, money, and unnecessary stress.
If you're thinking about remortgaging or taking out additional finance against your property, your lender will need to see the title deeds too. They need to confirm you're the rightful owner and understand any existing charges or restrictions before making their decision.
Who holds title deeds?
The Land Registry holds copies of most properties and land that have been registered.
If your property isn’t registered at the Land Registry and you are unsure where your original deeds are and want to get hold of them, they could be with your mortgage lender (if you had one) or with the conveyancer you used to move.
Since 1990, it’s been a legal requirement for the Land Registry to have a copy of the title deeds for every registered property.
How do you get title deeds?
You can get a copy of your title deeds quite easily from the Land Registry. First, you’ll need to search the register where you can see the property summary online for free and can pay for copies of the title register and plan.
You can download full copies of the title register and title plan for £7 each.
Here’s a breakdown of what you can download from HM Land Registry:
Property Summary:
- Property address
- Property description
- The tenure type of ownership
- Whether there are any restrictive covenants (building restrictions for example)
- Whether there are any easements (rights of neighbouring land)
Title Register
- Title number
- Who owns the property
- How much the property was last sold for
- Whether the property has a mortgage
- Details of any restrictions or rights
Title Plan
- The location of the property
- The general boundaries of the property
Do I need my original title deeds?
The good news is that you are not legally required to have the original copy of your title deeds.
As mentioned, since 1990, the Land Registry has been legally required to have a copy of every registered property’s title deed. The digital versions are now used when property is bought or sold.
The original documents may provide a deeper insight into its history, if you’re trying to locate the original title deeds they could be in a few places.
If you do want to track them down, they could be held by:
- Previous solicitor or conveyancer
- Mortgage lender
- Previous owners
If the property has been bought and sold a lot, you might find it difficult to locate where the original deeds might be. While it may be nice to have the originals, it’s not a necessity nor required.
Can I make changes to property title deeds?
Yes, you can make changes to your title deed. Changes can be made by first filling in and submitting an AP1 (change the register) form.
When would I change the title deeds?
You might want to make changes such as updating your name, adding or removing an owner, changing gender, or removing a mortgage lender.
There’ll be a few more steps after this if you’re transferring ownership partially (TP1) or fully (TR1). Yours or the buyer’s conveyancer fills in one of the forms to register the new owner(s).
How do you register a property with the Land Registry?
It became mandatory to register all land in England and Wales with the Land Registry if it is being bought sold or gifted. Meaning that some properties are still not registered as the requirement to register has not been triggered.
It’s smart to register your property voluntarily if you haven’t already, even if it’s to reduce complications if you decide to sell. Find out more about registering your property here.
How long does it take the Land Registry to update title deeds?
In England and Wales, it can take as little as a day or over a month (and way beyond) for Land Registry title deeds to update, despite only taking a few minutes to submit.
But don’t worry, your legal interests are safe from when the Land Registry receives your application. This means that you can still move into or move out of a home with no issues.
If you are trying to sell or remortgage and your title deeds have not been updated, then you can ask the Land Registry to expedite that process so that it doesn’t cause you any delays.
Can you sell a property without title deeds?
Selling an unregistered property without the original deeds can be challenging. Proving you're the rightful owner becomes more complex, and buyers' conveyancers will need to do additional checks - adding time and cost to the process. Some buyers might step away when they hear about these complications, preferring a more straightforward purchase.
Frequently asked questions
What is the Land Registry?
The Land Registry keeps track of who owns what property across England and Wales. It's a government department that maintains an official record of property ownership, making it clear who legally owns each registered property. Having your home registered protects you against fraud, proves your ownership rights, and makes selling much simpler in the future.
Can I access the title deeds of a property I'm interested in buying?
Yes, you can access the title deeds of any registered property in England and Wales before making an offer. Simply visit the Land Registry website and search for the property.
How do title deeds differ for leasehold properties?
For leasehold properties, the title deeds contain additional crucial information about the lease terms. This includes the length of the lease, ground rent details, service charge arrangements, and specific restrictions.