As a current or prospective property owner in the UK, what do you need to know about title deeds and the Land Registry? In this quick guide, we will give you all the information you need. A well-informed owner and buyer is one that will enjoy their investment (and their home!) for years to come.
What is the Land Registry?
HM Land Registry is a non-ministerial government department that has been operating for over 160 years. It is charged with safeguarding land and property ownership – equalling a total of £8 trillion. More than 26 million titles are contained in the Register, providing evidence of ownership for more than 88% of the land in England and Wales. It is rather a large mandate!
As a property owner, you must be sure to register:
- Any property that is not registered
- Any property that you purchase
- Any interest that impacts registered property (e.g. mortgage, lease or right of way)
The Land Registry records ownership changes, as well as mortgages and leases. Their mission is “Your land and property rights: guaranteed and protected.”
Now, as you need to buy a property or hopeful house buyer, it is important to know how the Land Registry is relevant to you. One aspect is title deeds.
Title Deeds Land Registry
Title deeds serve as a record of the ownership of a particular property and any land that accompanies it. The Land Registry stores these (electronically these days) when you register. The deeds may include a variety of documents related to the property and ownership, including contracts for sale, council tax, leases, mortgages, conveyancing information and wills.
It has been mandatory to register residential properties since 1990 in England and Wales. Most likely, when you purchase a property, the Land Registry will have the deeds recorded.
You typically will not need the original title deeds. However, if someone has forged your signature and defrauded you (as is becoming, unfortunately, more common), you may require it if there is a court case. Barring that, you should be fine knowing it is stored safely with the Land Registry.
When you buy a property, your solicitor should give you a copy of the registered title within about a month of completion. This is in PDF form and it contains details including any rights of way or whether the property is mortgaged or not.
If you are selling, you will have to give the buyer’s solicitor the title deeds, which again, are most likely stored with the Land Registry. If so, you don’t have to do anything. However, if the land is not registered, you must come up with the original deeds. This can be tricky, so get it squared away before selling.
Protecting Your Property
A critical part of the Land Registry’s mission is protecting your land and property rights. As mentioned, property fraud is becoming more commonplace. Fortunately, the Land Registry does offer some services that can help you protect yourself – and your property.
What is property fraud? Well, it can take different forms but here’s a scenario to illustrate: You come home from a lengthy trip abroad to find someone living in your house. You question them; obviously, this is absurd!
But they’re equally confused because they bought the house from “you.” Your name has been forged, a change made in the Land Registry without your knowledge and consent and all of a sudden, your house was sold under fraudulent circumstances. This can be a very tricky (and expensive) problem to solve.
To help prevent this and safeguard your property rights, though, you can:
- Register your asset, if it is not registered already. Registration has been mandatory since 1990, so chances are yours is. But do check.
- Sign up for the Land Registry Property Alert Service. The Land Registry will notify you via email if there are searches and applications against your property. For example, if someone tries to change the registered owner or apply to register a mortgage, you get an alert. This can help stop fraud.
- Apply for a restriction on your property’s title deeds. When you do this, the Land Registry will not register a sale or mortgage unless a solicitor or conveyancer confirms that you were the one who made the application.
Now you know more about title deeds, Land Registry and protecting yourself, you can move forward with greater confidence.
