What is HM Land Registry and what are Title Deeds?
Caz Blake-Symes • September 10, 2020
HM Land Registry is a non-ministerial government department created in 1862.
Within England and Wales, their responsibilities are to provide:
- a reliable record of information about ownership of and interests affecting land and property
- owners with a land title, guaranteed by the government
- a title plan that indicates general boundaries
When buying and/or selling land or a property it is vital to appoint a Solicitor or Conveyancor who will ensure the ownership of the land is correct and the transfer of the new title legally passes to the new owner
What are title deeds?
Title deeds are paper documents showing the chain of ownership for land and property.
They can include:
- conveyances
- contracts for sale
- wills
- mortgages
- leases
Where are my title deeds?
HM Land Registry records are digital, so they do not store paper title deeds.
Generally, they only have the original title deeds when land or property is registered for the first time, as they need them to prepare the register. They create scanned copies of some deeds and then return all the original title deeds to whoever lodged them. This is usually the solicitor or conveyancer acting on behalf of the buyer.
So, if you are trying to track down original deeds, they could be with the solicitor who acted for you when you bought the property, or possibly with your mortgage company if you have a mortgage.
If the property was already registered when you bought it, the seller may not have handed over the original deeds. There is no requirement for them to do so. Tracing the original deeds for a property that has been bought and sold many times is likely to be an impossible task.
If you want to see a scanned copy of the deeds that the Land Registry has on file, start by searching their property information and finding your property’s title number. If the register refers to deeds being filed, they should have copies. You can then get a copy of your deeds.
Do I need my title deeds?
The Land Register is the definitive record of land and property ownership in England and Wales. So, if your property is registered with them, you don’t need the deeds to confirm ownership. It is a good idea to keep the original deeds though, as they can hold extra information, about legal boundaries or who the previous owner was, for example.
If your property isn’t on the register and you choose to apply for first registration, you'll need to submit the original deeds. If your deeds have been lost or destroyed, it can make things more complicated, so always recommend keeping them in a safe place.
A title register generally includes:
- property description
- who owns it
- mortgage lender (if any)
- price paid/value stated (if registered since 1st April 2000)
- rights of way (not public rights of way) or other rights affecting the property restrictions or other conditions
Can anyone view details of any property?
Yes, since 3 December 1990 the public have been able to look at the register of title (this includes title plans) in England and Wales. Prior to that, only registered owners and people with the owner's permission could look at a register of title.
You can request information for the following costs:
- £3 for a title register copy (details of a property)
- £3 for each title plan (plan of a property)
- £9.00 (excluding VAT) for each Flood Risk Indicator result (an indication of flood risk for a property)
For further details about the service we offer as a fully independent mortgage brokers or any other mortgage information book your FREE CONSULTATION with one of our expert Mortgage Advisers please contact us
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Tel 0117 325 1511
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