When buying or selling a property, title deeds play a central role in the conveyancing process. They provide the legal evidence of ownership and outline the rights, restrictions, and responsibilities attached to a property. While most buyers may never see the full detail of a title register, conveyancers examine it carefully to ensure there are no legal issues that could affect ownership, value, or future saleability.
This guide explains what title deeds are, what conveyancers check for, and why these checks are essential for a smooth and secure property transaction with a leading property conveyancer guiding the process.
What Are Title Deeds?
Title deeds are legal documents that confirm who owns a property and the extent of their ownership rights. In England and Wales, most properties are registered with HM Land Registry, meaning ownership details are recorded electronically rather than held in paper form.
The title information typically consists of:
- The Title Register (legal details)
- The Title Plan (a map showing property boundaries)
Conveyancers rely on these records to verify ownership and identify any legal issues before completion.
Verifying Legal Ownership
One of the first checks a conveyancer carries out is confirming that the seller has the legal right to sell the property.
What Conveyancers Look For
- The registered owner’s name matches the seller
- All owners are involved in the sale
- No unauthorised changes to ownership
If the seller is not correctly registered or if ownership is disputed, the transaction cannot proceed until the issue is resolved.
Checking Property Boundaries
The title plan shows the general boundaries of the property, outlined in red.
Why Boundaries Matter
- Prevents disputes with neighbouring properties
- Confirms the land included in the sale
- Identifies shared accessways or boundary overlaps
Conveyancers ensure the title plan aligns with the property being sold and may raise enquiries if boundaries appear unclear or inconsistent with what the buyer expects.
Rights of Way and Access
Title deeds often include rights that benefit or burden the property.
Common Rights Conveyancers Check
- Rights of way for neighbours
- Access routes to roads or shared driveways
- Rights to use shared paths or services
A lack of legal access can affect property value and mortgage approval, making this a critical check.
Restrictive Covenants
Restrictive covenants are rules that limit how a property can be used.
Examples of Restrictive Covenants
- Prohibitions on extensions or alterations
- Restrictions on business use
- Limits on subletting or further development
Conveyancers must identify these restrictions and explain their implications to buyers, as breaching a covenant can result in legal action.
Charges, Mortgages, and Financial Interests
The title register will show any registered charges or financial interests against the property.
What Conveyancers Check
- Existing mortgages that must be repaid
- Legal charges or secured loans
- Notices or restrictions affecting sale
Before completion, conveyancers ensure all charges are removed or dealt with appropriately so the buyer receives clear title.
Easements and Shared Responsibilities
Easements grant rights over land, such as access for utilities or shared drainage systems.
Conveyancers check:
- Responsibility for maintaining shared services
- Whether rights are clearly documented
- Any obligations attached to shared areas
These details can impact ongoing maintenance costs and responsibilities for the buyer.
Leasehold and Freehold Title Differences
Title checks vary depending on whether the property is freehold or leasehold.
Leasehold Title Checks Include
- Remaining lease length
- Ground rent obligations
- Service charge arrangements
- Landlord or management company details
Conveyancers may also review the freehold title in leasehold transactions to ensure consistency and identify any risks.
Restrictions on Selling or Transferring Ownership
Some titles include restrictions that control how a property can be sold or transferred.
Examples include:
- Requirement for landlord consent
- Certificates of compliance
- Restrictions linked to shared ownership schemes
Failure to meet these conditions can delay completion, so conveyancers ensure all requirements are satisfied.
Adverse Possession and Title Defects
Conveyancers also look for potential title defects that could affect ownership security.
Possible Issues
- Missing rights of access
- Unregistered land claims
- Boundary disputes
- Adverse possession risks
Where issues arise, conveyancers may recommend indemnity insurance or corrective legal action.
Why Title Deed Checks Protect Buyers and Lenders
Thorough title checks protect:
- Buyers, by ensuring they receive legal ownership without hidden issues
- Lenders, by confirming the property is suitable security for a mortgage
Mortgage lenders rely heavily on conveyancers to identify risks that could affect property value or resale potential.
What Buyers Should Know About Title Deeds
Buyers should:
- Read their conveyancer’s report carefully
- Ask questions about restrictions or rights
- Understand long-term implications of covenants or easements
Even issues that seem minor can have future consequences when selling or altering the property.
What Sellers Should Prepare in Advance
Sellers can help speed up the process by:
- Resolving boundary or access issues early
- Providing accurate ownership details
- Disclosing disputes or known restrictions
Transparency reduces delays and builds buyer confidence.
Final Thoughts
Understanding title deeds is a crucial part of the conveyancing process. From confirming ownership and boundaries to identifying restrictions and financial charges, conveyancers carry out detailed checks to protect all parties involved.
These checks ensure buyers receive clear and secure ownership while helping lenders assess risk. Although much of this work happens behind the scenes, it plays a vital role in ensuring property transactions proceed smoothly and without unexpected legal complications.
