Title deeds explained: what they are and how to get a copy

If you own a home, are buying one, or simply want to find out more about a property, you may have heard people talk about title deeds.

They sound rather important, and historically they were. But property ownership in England and Wales works a little differently today. For most homes, you no longer need a bundle of old paper deeds to prove that you own the property.

Instead, most ownership information is recorded electronically by HM Land Registry.

So what exactly are title deeds, where are yours likely to be, and can you look at the deeds for someone else's property?

What are title deeds?

Title deeds are the legal documents associated with the ownership of a property or piece of land.

Traditionally, a property's deeds might have included documents recording previous sales, transfers of ownership, mortgages, leases, rights of way and restrictions affecting the land.

Before electronic registration became widespread, these documents were particularly important because they helped establish the chain of ownership of a property.

Today, for a registered property, much of the information you are likely to need can instead be found in the property's title register and title plan held by HM Land Registry.

Do houses still have paper title deeds?

They can do.

Older properties may have a collection of historic deeds, conveyances and other documents dating back many decades or even centuries.

However, if a property is registered with HM Land Registry, the register itself is normally the key record of legal ownership. Losing an old bundle of paper deeds does not therefore automatically mean that you cannot prove ownership of a registered property.

Old deeds are still worth keeping if you have them. They can contain information that does not appear in detail on the modern register and can also provide an interesting record of the property's history.

What is the title register?

Think of the title register as the property's official record.

It can contain information including:

• the property's unique title number
• the name of the registered owner
• whether the property is freehold or leasehold
• the price paid, where this information is available
• mortgages or charges registered against the property
• rights affecting the property, such as rights of way
• restrictions or other legal matters affecting the title

HM Land Registry holds records for most property and land sold in England and Wales since 1993.

For someone simply trying to understand who owns a property or what is registered against it, the title register is usually the best place to start.

What is a title plan?

The title plan is the map associated with the registered title.

It normally shows the general extent of the registered property, usually outlined in red.

One important point is that the red line should not automatically be treated as showing the exact position of a fence, wall or legal boundary. HM Land Registry describes title plans as generally showing general boundaries, rather than precise boundary positions.

If you are investigating a boundary dispute, you may need to look at the register, title plan and any older deeds or transfers referred to within them.

How do I get a copy of the title deeds for my house?

For most registered homes, start by searching HM Land Registry for the property's address.

You can purchase a copy of the:

Title register: currently £7 online.

Title plan: currently £7 online.

These downloadable copies are normally enough if you simply want to check the property's ownership or understand what is recorded against the title.

If you need a document specifically for legal purposes, such as proving ownership in court, you can request an official copy instead. Official copies of a title register or title plan ordered by post currently cost £11 per document.

Can anyone access my title deeds?

A common surprise for homeowners is that much of the information held by HM Land Registry is publicly accessible.

You do not normally have to own a property to obtain its title register or title plan.

That means someone considering purchasing a house, researching a piece of land or checking who owns a property can search the Land Registry and purchase the available records.

The register does not give someone access to everything relating to your property, but ownership information and certain registered interests are part of the public land registration system.

Can I find out who owns a house?

Usually, yes.

If the property is registered, its title register will normally show the names of the registered legal owners.

This can be useful if you are:

• interested in buying a property that is not currently for sale
• trying to establish who owns neighbouring land
• investigating a driveway or access issue
• looking into an empty or neglected property
• carrying out research before making an offer

You normally only need the property's address to start your search.

Can I see how much someone paid for a property?

Often.

Where available, the title register can include the price paid for the property.

There are also other public sources of sold-price information, but the Land Registry record can be useful when you are already examining the property's title.

What if I want the actual old deeds?

This is where the terminology can become confusing.

Buying the title register does not necessarily give you copies of every historic deed associated with a property.

Look through the register for references to documents such as a:

• conveyance
• transfer
• lease
• deed
• agreement

If the register says that a copy is filed, HM Land Registry may hold a copy of that document.

You can apply for copies of specific filed documents using form OC2. HM Land Registry specifically identifies transfers, mortgage deeds and leases as examples of documents that may be available this way.

This can be particularly useful where a document contains more detailed information about rights, restrictions or covenants than appears in the title register itself.

Where might my original paper deeds be?

If you own an older property and are trying to locate the original documents, possible places to check include:

Your solicitor or conveyancer. The firm that dealt with your purchase may have retained documents.

Your mortgage lender. Historically lenders often kept title deeds while a mortgage remained outstanding, although this is much less common for modern registered properties.

A previous solicitor. If the property has been in the family for a long time, an older firm may have stored them.

Your own records. They may have been handed over when you purchased the property, particularly if they were no longer required by a lender.

Even when old deeds cannot be located, a registered owner's title remains recorded at HM Land Registry.

What if the property doesn't appear on the Land Registry?

Not every piece of land in England and Wales is registered.

If an address does not appear in a normal Land Registry search, it does not necessarily mean that nobody owns it.

The property might:

• still be unregistered
• be registered under a different address
• form part of a larger registered title
• have no conventional postal address

HM Land Registry recommends considering a search of the index map if a property cannot be found using the normal search service.

This becomes particularly important with fields, gardens, garages, access roads and small parcels of land.

What if my house is unregistered?

For an unregistered property, the original deeds become considerably more important because they can form the evidence showing who owns the property.

When an unregistered property changes ownership, an application will normally be made for first registration with HM Land Registry.

If the original deeds to an unregistered property have been lost or destroyed, it does not necessarily make registration impossible, but considerably more evidence may be required. HM Land Registry has a specific procedure for dealing with lost deeds and may grant a different class of title depending on the evidence available.

If you discover that a property you own is unregistered and the deeds are missing, this is a situation where taking advice from a conveyancing solicitor is sensible. See our guide on finding a solicitor.

Do I need my title deeds to sell my house?

If your property is registered, your solicitor can normally obtain the title information required for the sale directly from HM Land Registry.

So you should not normally need to produce an old paper deed simply to prove that you own your home.

However, do not throw old deeds away.

Historic documents can contain information about covenants, boundaries, rights of way, extensions or agreements that may be useful during a sale.

If you are thinking of selling, gathering these documents early can help your conveyancer identify anything that might otherwise cause questions later in the transaction. Our conveyancing process when selling guide covers what usually happens next.

Can title deeds show where my boundary is?

Sometimes they can provide useful clues, but don't assume they provide a definitive answer.

The title plan usually shows only the general boundary of the registered land. More detailed information may sometimes be contained in an older transfer, conveyance or deed referred to in the register.

For example, an older deed might refer to responsibility for maintaining a particular fence or contain a more detailed plan.

Boundary disputes can quickly become complicated, so the title documentation should normally be treated as one part of the evidence rather than assuming the red line on the Land Registry plan settles the matter.

Can title deeds show rights of way?

Yes.

Rights benefiting or affecting the property can appear in the title register.

For example, your property might have a right to use a private road, or a neighbouring property might have a right to cross part of your land.

Sometimes the register summarises the right but refers back to an older transfer or conveyance for the complete wording. If HM Land Registry has retained a copy of that document, you may be able to order it separately.

Can I find previous owners of my house?

Potentially.

HM Land Registry allows people to request historical editions of the title register, which can help establish who owned a property previously.

For titles registered after 1993, historical copies can be requested using form HC1. For older records, HM Land Registry recommends contacting them first to establish what information is available.

Old paper deeds can sometimes reveal considerably more history, including previous owners, old purchase prices and descriptions of the property.

What should I download if I'm researching a property?

If you have never looked at Land Registry information before, a sensible starting point is:

1. Get the title register

This tells you who owns the property and highlights many of the important legal matters affecting it.

2. Get the title plan

This helps you understand which area of land the title relates to.

3. Read the register for references to other documents

Look for transfers, leases, conveyances or deeds where the register indicates that a copy has been filed.

4. Order additional documents only if you need them

If something in the register looks important, you can then investigate whether HM Land Registry holds the underlying document.

This is usually much easier than trying to obtain every historic document connected with a property from the outset.

Title deeds in simple terms

For most homeowners today, when someone asks for the "title deeds", what they actually need is likely to be the Land Registry title register and title plan.

The title register tells you about the legal ownership of the property.

The title plan shows the general extent of the land included within that title.

Older deeds may contain additional information and are worth keeping, but for a registered property they are no longer normally the primary evidence of ownership.

And because Land Registry information is largely public, you can obtain title information not just for your own property, but for other registered properties and land too.

Thinking about selling?

Getting your property paperwork together before you put your home on the market can prevent avoidable questions and delays later.

With Tepilo, you can start preparing the information about your property early, understand what documents you may need and get yourself ready for a smoother sale. Read more about what conveyancing involves or begin a free Sale Ready check.