Buying or selling a property involves a considerable amount of paperwork, and terms such as property title, title deeds and Land Registry can sometimes be confusing. Although these terms are often used interchangeably, they do not mean exactly the same thing.
Understanding the difference can make the conveyancing process easier to follow, particularly when you are buying your first home or preparing to sell an existing property.
In simple terms, a property title represents the legal ownership and rights associated with a property, while deeds are legal documents that can create, transfer or evidence rights and interests in land. In England and Wales, information about most registered properties is recorded electronically by HM Land Registry.
This guide explains what property titles and deeds mean, how they are used and what buyers and sellers should know.
What Is a Property Title?
A property title is essentially the legal basis for ownership of a property and the rights associated with it.
For registered property in England and Wales, the title is recorded by HM Land Registry. The title register contains important information about the property, including details about the registered owner and certain rights or restrictions affecting the land.
The title register is generally divided into three sections:
- Property Register: Contains details about the property and certain rights benefiting it.
- Proprietorship Register: Identifies the registered owner and may contain restrictions affecting the property.
- Charges Register: Records mortgages, restrictive covenants and other interests affecting the property.
This information is particularly important during the conveyancing process because a buyer needs to understand what they are purchasing and whether any legal restrictions or third-party rights apply.
Property Titles Myth 1: A Property Title and Title Deeds Are Exactly the Same
They are related, but they are not identical.
A property title refers to the legal ownership and associated rights relating to the property. Deeds are legal documents that can establish or transfer those rights.
For example, a transfer deed may be used to transfer ownership from a seller to a buyer. Other deeds can deal with matters such as rights of way, covenants or changes to ownership.
For registered properties, the Land Registry’s title register is now a key source of information about ownership.
The term “title deeds” is still widely used, but the documents associated with a property can vary depending on its history and circumstances.
What Are Title Deeds?
“Title deeds” is a broad term used to describe documents relating to the ownership and legal history of a property.
Historically, property ownership was evidenced through physical documents. Today, most property in England and Wales is registered with HM Land Registry, meaning much of the key ownership information is held electronically.
Documents connected with a property may include:
- Transfer deeds
- Conveyances
- Leases
- Mortgage documents
- Deeds of easement
- Deeds of covenant
- Documents relating to restrictions
- Historical title documents
Not every property will have the same collection of documents.
Your conveyancer can explain which documents are relevant to a particular transaction.
Property Titles Myth 2: Every Property Has the Same Type of Title
Property titles can have different characteristics.
The two most common forms of property ownership in England and Wales are freehold and leasehold.
Freehold
Freehold ownership generally means owning the property and the land it stands on, subject to any rights, restrictions and obligations recorded against the title.
Leasehold
Leasehold ownership means owning the property for the duration of a lease granted by the freeholder.
Leasehold properties can involve additional considerations, including ground rent, service charges, lease length, building management and restrictions contained in the lease.
There are also other ownership arrangements and legal interests that can affect a property, so buyers should always have the title reviewed by their conveyancer.
Why Does the Title Matter When Buying a Property?
When buying a home, your conveyancer will investigate the property’s legal title as part of the conveyancing process.
This helps establish matters such as:
- Who legally owns the property
- Whether the seller has the right to sell it
- Whether there are mortgages or other charges
- Whether rights of way affect the property
- Whether restrictive covenants apply
- Whether there are restrictions on how the property can be used
- Whether other legal interests affect the land
These details can be important because a property may look straightforward physically while having legal matters that are not immediately visible.
For example, a neighbouring property may have a legal right to use part of your land, or a covenant may restrict certain types of development.
Property Titles Myth 3: The Title Only Matters to the Buyer
Sellers also need to make sure their title information is in order.
Title problems can cause delays during a property sale. If ownership information is unclear or documents are missing, the conveyancer may need to investigate the issue before the transaction can proceed.
Sellers should tell their conveyancer about any known issues, such as:
- Boundary disputes
- Rights of way
- Extensions or alterations
- Previous transfers
- Informal arrangements with neighbours
- Restrictive covenants
- Missing documents
Addressing potential problems early can reduce the likelihood of last-minute complications.
If you are preparing to sell, an estate agent can help with the marketing and transaction process, while your conveyancer handles the legal title and documentation.
What Is a Land Registry Title Register?
The title register is an official record maintained by HM Land Registry for registered property.
It provides important information about the property and its ownership.
The register can help a buyer’s conveyancer identify:
- The property covered by the title.
- The registered owner.
- Mortgages and other registered charges.
- Restrictions or covenants.
- Certain rights affecting the property.
A title plan usually accompanies the register and provides a general indication of the land included within the title.
However, a title plan should not automatically be treated as an exact boundary survey. Where there is a significant boundary issue, specialist advice may be appropriate.
Property Titles Myth 4: The Land Registry Plan Shows Every Boundary Exactly
A Land Registry title plan generally shows the general extent of the registered land rather than defining every physical boundary with precision.
This distinction can become important when buying or selling a property with unusual boundaries, shared driveways, gardens or other areas where ownership is disputed.
If you have concerns about a boundary, discuss them with your conveyancer. In some cases, additional documents, historical deeds or professional advice may be required.
Do not rely solely on the appearance of a line on a title plan to settle a complex boundary dispute.
What Are Restrictive Covenants?
Restrictive covenants are legal obligations that can limit how a property or land is used.
For example, a covenant could restrict certain building work, business activities or alterations, depending on the wording and circumstances.
Not every covenant is necessarily problematic, but buyers should understand any restrictions before purchasing.
Your conveyancer should review the title and relevant documentation and explain matters that could affect your intended use of the property.
Property Titles Myth 5: A Clean-Looking Property Has No Title Issues
Physical appearance does not tell you everything about a property’s legal position.
A beautifully maintained home could still be affected by rights, restrictions or other legal matters.
This is why conveyancing is so important. A buyer needs to investigate the legal title alongside assessing the property’s physical condition.
If you are looking at properties in Hertfordshire, for example, speaking with local estate agents in St Albans can help you understand the local property market, while a conveyancer can investigate the legal title of a specific property.
The two roles are complementary rather than interchangeable.
What Happens to the Title When a Property Is Sold?
When a property is sold, legal ownership is transferred from the seller to the buyer.
The conveyancers prepare and review the necessary legal documents, arrange completion and then deal with the post-completion registration process.
Following completion, the buyer’s conveyancer generally submits the relevant application to HM Land Registry to register the new ownership.
The Land Registry then updates its records, although registration may take some time depending on the circumstances and current processing times.
How Can Buyers and Sellers Prepare?
Good preparation can help avoid unnecessary delays.
For sellers
Locate relevant property documents, provide accurate information to your conveyancer and disclose known issues early.
For buyers
Read the title information provided during conveyancing and ask questions about anything you do not understand.
For both
Do not assume that every property has the same legal arrangements. Freehold and leasehold properties, older homes and properties with extensions or unusual boundaries can involve different considerations.
Professional legal advice is particularly important where the title is complicated.
Final Thoughts
Property titles and deeds are fundamental to understanding legal ownership, but the terminology can be confusing. A property title concerns the legal ownership and rights associated with a property, while deeds are legal documents that can establish, transfer or affect those rights.
For most registered properties in England and Wales, HM Land Registry provides the central record of ownership. However, historical deeds and other legal documents can still be relevant, particularly where rights, restrictions or boundaries need to be established.
Whether you are buying or selling, do not overlook the legal side of the transaction. The property may look perfect, but its title could contain important information that affects ownership or how it can be used.
Working with an experienced conveyancer and, where appropriate, local property professionals can help you understand both the market and the legal aspects of your transaction. Taking the time to investigate the title properly before completion can provide greater certainty and help prevent unexpected issues further down the line.
