What Is a Title Deed and Why Does It Matter?

When you buy a home in the UK, you're not just buying the bricks and mortar, you're buying the legal right to own and use the property. That legal right is recorded in the title deed, one of the most important documents in any property transaction.

Most buyers never see their title deed until completion, and many don't fully understand what it contains or why it matters. Here's what you need to know.

What is a title deed?

A title deed is the legal document that proves who owns a property and what rights and restrictions apply to it. In the UK, almost all property is now registered with HM Land Registry, which holds the official record of ownership in digital form.

When people talk about "the deeds" they're often referring to a collection of documents including the title register (which shows the current owner), the title plan (which shows the property boundaries), and any historical documents relating to the property.

For unregistered properties, which are increasingly rare, the original paper deeds are still the proof of ownership and are held by the owner or their solicitor.

What's in a title deed?

The title register typically includes the property's address and description, the name of the current legal owner, the price paid when the property was last sold, details of any mortgages secured against the property, and any rights, restrictions or covenants that affect the property.

The title plan shows the boundaries of the property, marked with a red edge, and any rights of way or shared access points.

These documents together tell you exactly what you're buying and what comes with it.

Why does the title deed matter?

The title deed matters because it tells you what you actually own and what conditions apply to your ownership.

Restrictive covenants can limit what you're allowed to do with the property, including extending, converting or running a business from it. Easements grant rights to others, such as a neighbour's right to walk across your land or run pipes underneath it. Boundary disputes are easier to resolve if the title plan is clear about where the boundary actually sits. Mortgages and charges secured against the property need to be paid off at completion.

Your solicitor reviews the title deed during conveyancing and flags anything unusual or concerning. This is one of the most important parts of their work, and a good solicitor will explain in plain English what they've found.

For more on what your solicitor should be doing throughout the buying process, read our guide to the conveyancing process.

Freehold vs leasehold title

There are two main types of title in England and Wales: freehold and leasehold.

A freehold title means you own the property and the land it sits on outright, with no time limit. Most houses are sold freehold.

A leasehold title means you own the right to occupy the property for a set period, typically 99 to 999 years, but the land and building are owned by a freeholder. Most flats are leasehold, and some houses are too.

We covered the differences in detail in our guide to leasehold vs freehold.

How to check a title deed before you buy

You don't need to wait for your solicitor to do it. Anyone can check the title register and title plan of any property in England and Wales for a small fee through the Land Registry's online service. It costs £3 each for the title register and title plan and gives you a clear picture of what you'd actually be buying.

This is particularly useful before making an offer if you have any specific concerns, such as wanting to confirm boundaries, check for restrictive covenants, or verify the lease length on a leasehold property.

What to ask your solicitor about the title

When your solicitor reviews the title deed, there are specific things worth asking about. Are there any restrictive covenants and what do they mean in practice? Are there any easements or rights of way granted to others? Does the title plan match what's physically on the ground? Are there any outstanding charges or mortgages that need to be paid off? For leasehold, how many years are left on the lease and what are the terms?

A good solicitor will go through these as a matter of course, but it's worth asking explicitly so you know you've understood what you're buying.

The full checklist

The Home Truths Guide includes 100+ essential questions to ask at every stage of buying a home in the UK, covering house viewings, making an offer, surveys, conveyancing, special circumstances and exchange and completion.

Buy the Guide, £14.99

Image by Cytonn Photography on Unsplash

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