What is a property deed and how to look after it
What are deeds?
Property deeds, also known as title deeds, are crucial legal documents that officially establish ownership of a property and any associated land. These documents are securely stored by HM Land Registry. It is mandatory to register a property with this authority if you've acquired it through purchase, inheritance, gift, exchange, or mortgage.
When a property is first registered with the Land Registry, they scan the original title deeds and return them to the person who submitted them, usually the solicitor or conveyancer.
Variations in rules across the UK
It's essential to recognize that HM Land Registry exclusively governs land and property in England and Wales. Residents of Scotland or Northern Ireland are subject to separate registration systems.
What do title deeds look like?
Contrary to popular belief, title deeds aren't typically tangible pieces of paper unless they are the originals. Instead, they exist in electronic format, continually updated with each property transaction, akin to an ongoing ownership logbook. Unless a property has never been registered before, it's unlikely that the current owner possesses the original deeds. However, you can verify the registration status of your property by accessing the Land Registry.
After purchasing a property, your solicitor typically provides you with a copy of the 'registered title' within a month of completion, though occasionally it may take a bit longer.
Land registry charges
HM Land Registry applies different fee structures based on the nature of the transaction, such as first registrations or property transfers. While the exact costs vary, your solicitor will discuss these charges in detail.
| Value or amount |
Apply by post |
Apply using the portal or Business Gateway, for transferts or surrenders which affect the whole of a registered title |
Apple using the portal or Business Gateway, for registration of all leases and transfers or surrenders which affect part of a registered title |
Voluntary first registration (reduced fee) |
| 0 to £80,000 |
£40 | £20 | £40 | £30 |
| £80,001 to £100,000 |
£80 | £40 | £80 | £60 |
| £100,001 to £200,000 |
£190 | £95 | £190 | £140 |
| £200,001 to £500,000 |
£270 | £135 | £270 | £200 |
| £500,001 to £1,000,000 |
£540 | £270 | £540 | £400 |
| £1,000,001 and over |
£910 | £455 | £910 | £680 |
| Value or amount |
Apply by post |
Apply using the portal or Business Gateway, for transferts of whole, charges of whole, transfers of charges and other applications of whole of registered titles |
Apple using the portal or Business Gateway, for registration of transfers of part, and all other scale 2 applications that do not affect the whole of a registered title |
| 0 to £80,000 |
£40 | £20 | £40 |
| £100,001 to £200,000 |
£60 | £30 | £60 |
| £200,001 to £500,000 |
£80 | £40 | £80 |
| £500,001 to £1,000,000 |
£120 | £60 | £120 |
| £1,000,001 and over |
£250 | £125 | £250 |
For detailed fee information, visit gov.uk.
Do I need the deeds to my house to sell?
If your property is registered with the Land Registry, you don't need the deeds to prove ownership when selling. The Land Registry is the official record of property ownership in England and Wales and provides all necessary information for the sale. However, keeping a copy of the deeds can still be helpful, especially for details about legal boundaries.
If the property was already registered when you purchased it, the seller might not have provided the original deeds (as they're not legally required to). Finding the original deeds for a property that's changed hands multiple times can be very difficult. However, you can search the Land Registry to view or request a scanned copy of the deeds using your property's title number.
If you want to locate the original deeds, they might be with the solicitor who handled your purchase or with your mortgage company.
Keeping property deeds safe
Given that copies of property deeds are securely held by HM Land Registry, homeowners can maintain their own copies without fear of permanent loss or damage. It's advisable to store these documents alongside other important papers in a secure location at home, such as a folder or filing cabinet
Dealing with lost property deeds
Since most deeds are digitally registered with HM Land Registry, losing them is unlikely. However, if the property is unregistered, the seller must provide the original deeds, so it's crucial to keep them safe.
If you can't find proof of ownership, contact the solicitor who handled your purchase. They can request the deeds from HM Land Registry for a small fee. The Land Registry destroys unsolicited mail, so you must go through a solicitor.
If you still can't find the original deeds, you'll need to provide other evidence to prove you own the property.
Planning to buy a property?
Property deeds are crucial documents that prove ownership and should be handled carefully. Understanding their importance and storing them safely will ensure your peace of mind.
If you're involved in property transactions and need assistance, our team at Haybrook is here to help! We offer guidance and support to ensure a smooth journey towards your property goals.
