News & Insights

What are Title Deeds?

Title Deeds are legal documents which prove the chain of ownership to land or property. They are however, becoming less common.  This is due in part to HM Land Registry maintaining a centralised digital database and also due in part to legislation which has phased in compulsory registration.

Compulsory registration is based on certain triggers which in turn means the land or property must be registered at HM Land Registry. A trigger for compulsory registration could be a freehold property sale or the grant of a lease which is for more than seven years from the date of the grant.

Lost Title Deeds and your property is registered?

If your property is registered at HM Land Registry but you retained paper deeds which have now been lost or destroyed, there will likely be a record of these deeds and you can download or order a paper copy of that record from HM Land Registry.

Lost Title Deeds and your property is unregistered?

If you have mislaid or destroyed the deeds to your property and you wish to register the property or sell your property, you will need to make a first registration application. Laceys Solicitors will be able to assist you with registering the property in line with the HM Land Registry guidance and will aim to register the property with the best class of title.

Should you think this applies to you, our top tips are to:

1. Make an exhaustive search of places where the lost deeds may be. This means physically searching for the deeds and also making contact with parties that have been involved during your ownership. For example, it was not uncommon historically for mortgage lenders to require title deeds to be held by them for the term of mortgage as security for the moneys loaned. An exhaustive search includes calling the mortgage lender to check if they still hold your deeds for safekeeping and showing a record of the enquiry.
2. Re-trace your steps and make an account of events. Consider at exactly what moment the deeds may have been lost and why. Moreover, consider specific times whereby ownership is particularly evidenced. It is worthwhile making a chronology from when you first owned the property to the present date. For example, if you have always occupied a piece of garden land and this is evidenced over time by landscaping and general use, write a chronology to show possession of that piece of land. Note however that occupation is different to just taking responsibility for the land.
3. Think about the extent of the land you are registering and try and identify the exact boundaries. This will assist when making an application to register the land in question.

For more information regarding lost title deeds or first registration, please contact one of our Commercial Property experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.