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Title Deeds

Also known as: Property Deeds, Land Registry Title

Definition

Title deeds are legal documents showing property ownership history, including conveyances, mortgages, and leases. Since 1990, UK residential properties are registered digitally with HM Land Registry, which holds the official ownership record.

Understanding title deeds matters for will-making because executors need proof of property ownership to transfer assets to beneficiaries. While physical deeds were once essential, most properties now rely on digital Land Registry records.

What Are Title Deeds?

Title deeds are a collection of legal documents that historically proved ownership of land and property and showed the chain of ownership throughout the property's history. Under the Land Registration Act 2002, the modern property registration system in England and Wales replaced physical title deeds with digital records held by HM Land Registry. Since 1 December 1990, all residential property sales must be registered with the Land Registry, which maintains digital title registers as the definitive proof of ownership.

For properties registered since 1990, you can download the official title register from the Land Registry website for £7. The register contains ownership details, property boundaries, restrictions, and any charges such as mortgages. If you have a mortgage, your lender may hold the original deed documents you received at purchase. Even if you've lost these physical documents, the digital Land Registry record is sufficient for all property transactions.

Around 12% of land in England and Wales remains unregistered, typically properties that haven't changed hands since before compulsory registration began. For these unregistered properties, physical title deeds remain crucial—they're the only proof of ownership. David inherited his grandmother's cottage that she bought in 1975. Because it's never been sold since, it's unregistered. David needs to keep the original title deeds safe as proof of ownership.

When you create a will, understanding whether your property is registered helps you and your executor. For registered properties, you simply describe the property by address. Sarah bought her flat in Manchester in 2018 for £245,000 and wants to leave it to her sister Emma. When creating her will, Sarah writes: "I leave my property at 14 Oak Avenue, Manchester, M20 6TD to my sister Emma." Her executor can later download the title register for £7 to verify ownership and transfer the property to Emma.

Common Questions

"Do I need the original title deeds if my property is registered with the Land Registry?"

No, you don't need original title deeds for registered properties. Since 1990, all residential properties in England and Wales must be registered with HM Land Registry, which keeps digital records as the definitive proof of ownership. You can download official copies from the Land Registry for £7.

"What happens if I lose my title deeds?"

If your property is registered (purchased after 1990), losing the deeds is not a problem—the Land Registry holds the official digital record. For unregistered properties, you'll need to apply for first registration and provide evidence of at least 15 years of unbroken ownership to prove your claim.

"Where are my title deeds stored?"

HM Land Registry does not store original paper deeds. If you have a mortgage, your lender may hold the original documents. Otherwise, your solicitor from the purchase typically keeps them, or you may have them at home. For registered properties, digital records at the Land Registry serve as the official proof of ownership.

Common Misconceptions

Myth: You must have the original title deeds to sell your property.

Reality: For properties registered with the Land Registry (all residential properties purchased since 1990), you don't need original title deeds to sell. The digital title register held by HM Land Registry is the definitive proof of ownership and is sufficient for all property transactions.

Myth: If someone steals your title deeds, they can steal your property.

Reality: Physical title deeds do not give someone the right to your property. For registered properties, the Land Registry's digital record is the legal proof of ownership, not the paper documents. Even for unregistered property, stealing deeds doesn't transfer ownership—legal ownership can only be changed through proper conveyancing processes with identity verification.

  • Property Ownership: Title deeds provide the historical documentation of property ownership, while modern Land Registry records serve as the current legal proof of who owns the property.
  • Land Registry: The government department that maintains digital title registers, replacing physical title deeds as the definitive proof of property ownership in England and Wales.
  • Executor: The person who must access title information to transfer property to beneficiaries named in the will, typically by downloading the title register from Land Registry.
  • Probate: The legal process where executors need title documentation to prove the deceased owned the property before transferring it to beneficiaries.
  • Estate Administration: The process of managing a deceased person's property, which requires title information to complete legal transfers of real estate assets.

Need Help with Your Will?

Understanding whether your property is registered or unregistered helps you document your assets accurately in your will. Knowing where to find title information ensures your executor can efficiently transfer property to your beneficiaries after your death.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.