Title Deeds: Who Keeps Them?
Title deeds are legal documents that show who officially owns and holds title to a property or land. Titles deeds are sometimes known as land certificates and need to be officially registered with the HM Land Registry.
Why Title Deeds are Needed?
Title deeds are used as an official record of who owns the title to a property. For example, if a buyer is interested in purchasing a property then a solicitor will check the title deeds in order to make sure that the seller is entitled to sell the property. The title deeds may also have details on whether there are mortgages on the property, and whether anyone else has an interest in the property. The title deeds are also useful in gaining information on property boundaries and rights of way through a property.Who Keeps Title Deeds?
Where the title deeds are kept is mainly dependant on whether there is a mortgage on the property or not. If there is a mortgage then the deeds will be kept by the mortgage lender. The deeds will only be returned to the owner once the mortgage on the property has been fully paid although photocopies of the deeds can be requested at any time. If no mortgage is held on a property then the title deeds will be kept by the owner. They can either be kept in the home or they can be held by a solicitor.Property Burdens
Included in the title deeds will be a list of burdens, or obligations to the property that need to be met. These burdens can cover a wide range but they will usually include:- Repairs and maintenance to the property.
- Access and rights of way for the property.
- Restriction on using the property to run a business.
- Information on restrictions on altering the property.
- Whether or not the owner holds right to any roads that cross the property.
Joint Ownership
An important part of the title deeds will be joint ownership. If the property is owned by more than one person then this will need to be included in the details. It should also set out exactly how much of the property is owned by each person, and there should be details on what will happen if the other person were to die; these details are known as survivorship details.Survivorship Details
If there is a joint ownership on the property then having a survivorship clause is important. If the co-owner were to die then a survivorship clause will guarantee that the deceased person’s shares will go to the joint owner. If there is no survivorship clause and the property was not bought with a co-owner then details of property rights should be set down in a will. If no details are set down in a will then a legal decision will need to be made over the ownership rights.Changing the Title Deeds
There are a number of reasons why an owner may want to change the title on property deeds. These could include if a co-owner sells or transfers their rights in the property, or if the owner wishes to sell their rights to the property. A solicitor will be needed if the title deeds are being changed, and there will be a fee for this service. If there is a mortgage on the property and if there are co-owners then the lenders or co-owners will need to agree to the changes.Legally Binding Covenants
Covenants are legally binding rules that are set within the deeds and must be followed by the property owners. The covenants can be positive or negative. For example they may state that a property cannot be used for business purposes, that window frames on a property cannot be changed or can include agreements on property boundaries. If these covenants are broken, which does happen frequently, the property owners can be held legally liable. However, it may be that the original covenantor has long since moved on or is untraceable and so the new owners might not be held liable if breaking a covenant.Breaching Deed Covenants
Who is liable when breaching covenants can be complicated. For example, a government or council official may make a ruling that a certain area is to become environmentally friendly and all houses must comply by changing the windows to energy efficient windows. However, if the deeds include a lifetime covenant that the windows cannot be changed then this would be a breach if the windows were altered. In this case the current property owners could be penalised for breaching the covenant. Liability over breaches of covenant can be a minefield and legal advice should always be sought if owners are considering breaking a covenant.Title deeds are extremely important documents used as evidence of proof of ownership. Solicitors can be used when investigating the rights of ownership, but searches may also be made by the person who wishes to buy or find out who owns a property. If property is being considered for purchase then a check of the title deeds is always standard procedure and the sale should not go ahead without this information.
Business Energy With a Difference
If you are looking for business energy or need advanced solutions like remote energy monitoring, new supplies, downgrading or upgrading capacity have a no obligation chat wuth Purely Energy. To find our more get in touch here..
You might also like...
My dad passed away 4 years ago couldn’t find deeds to house or will even deeds to the grave my brother lives there refused to buy me out or at rent firc4 years yethe appears to have endless money for renavations should I get Intouch with abbey national
Chelle - 10-May-24 @ 12:36 AM
My mum passed away 2 months ago. Their is no will. I want to know how i go about finding out who as the title deed of the home as i cannot find it. Please assist me how to go about doing it
Linda - 13-Apr-21 @ 10:19 AM
We have just paid off our mortgage and have recieved letter from land registry but my name on document is still in my maiden name, doesn't this cause any problems when coming to sell the property.
Hilary MacDonald - 22-Feb-21 @ 2:34 PM
My mother passed away and I was given her 2 acres of land. It was in my Aunt Paula's name so we had to go through her lawyer to have the lands ownership transferred to me. I paid for everything and until I was to gain possession of the Deed/ Title I gave her $1,100 for taxes. I then had the land surveyed and marked off. All I waited for now was the Deed/ Title, so I can begin building on the land. I was never given the Deed/Title and it has been years. Now another Aunt is trying to claim that she can take possession of the land because I didn't pay taxes. How can this be possible if they held the Deed/Title from me and wouldn't give me the right to own it or sign my name on the documents?
TT - 16-Nov-20 @ 5:32 PM
If the title deeds are owned by a company or other organisation, then the who's name appears?
Nemo183 - 15-Oct-20 @ 12:01 AM
How do you go about finding the details of a property from the land registry.
Bean - 5-Sep-20 @ 3:44 PM
We have a challenge. Our father passed away in October 2019. They were married in customary with our mother. The have 4 homes together. The had no title deeds as the homes were in rural areas under the chief areas. The homes are not registered but they grow up in the area and later the were given a plot when they were ready to start their own family. They built these homes together. Now that our father is late there is a fight between our mother and our brother. He wants our mother to sell these homes and divide the money for everyone. Our mother is very frustrated since our father did not leave a will. We have tried to communicate with the lawyer who is dealing with the matter but it looks like she also takes instructions from our brother to evaluate the homes and divide the money and give our brother his share. We really need assistance regarding this matter we think it is so unfair for our mother. Thank you.
Sizah - 13-Apr-20 @ 4:31 PM
no point posting questions here nobody answers!
alfie - 24-Jan-20 @ 3:32 PM
My grandfather purchased the freehold on 4 properties in Sheffield sometime before 1950.These were inherited by my father and have now passed to me.The ground rent is minimal and I would like to sell the freehold but have not been able to find the Deeds.It occurs to me that they would have been deposited with my grandfather's solicitors, Mee & Co, who no longer appear to exist.I'm not sure where to go next.
Libby - 9-Jan-20 @ 6:38 PM
I bought my council,
It was paid out right,
When do I get my deeds to the house
Thank you
Mar - 25-Nov-19 @ 1:02 PM
I have separated from my ex wife, the mortgage on the family home is in both my parents and our names it was my parents home to begin with it's a long story but my parents had to move because of my ex my parents signed the land to me but mortgage is still in their name my ex wants 65 % of sale we went to court judge awarded her this but judge didn't know my parents owned property how can I solve this problem?
Trishy - 28-Sep-19 @ 4:30 PM
3 years ago my mortgage was paid off.I received from RBS a 3-page computer print out entitled deeds for the address given.
However, a neighbour has advised that when he completed his mortgage he received a document going back to when the building was originally built and purchased in the mid-1800s. I consequently spoke with RBS who advised that the Deeds for my property would come from the Land Registry.However, when I spoke with them they stated that they only provide the computer printout that I received.I am now somewhat frustrated by the attitudes displayed by the bank and a Government Department.Can you advise, please?
Peter Tomkins - 19-Sep-19 @ 8:47 AM
Bank lawyers where paid so that our title deed can be released. So where do I collect the title to our home we reside in the Germiston area. House was fully paid for in 2017 September.
Dudu - 1-Sep-19 @ 6:14 AM
"If there is a mortgage then the deeds will be kept by the mortgage lender. The deeds will only be returned to the owner once the mortgage on the property has been fully paid"
can you quote me the authority that states we are supposed to get them back upon completion ?
this would be most helpful!
sincerely
Dave.
Dave Javu - 30-Aug-19 @ 4:40 PM
We bought part of the property of one of our cousin, the heir of the property, we bought and paid in full almost 40 to 45% of the land.
Now we are in Possession of the original deed title for the whole property for the reason to keep sake and avoid any circumstances selling without transferring the part whom we bought already.
Question, can we keep legally the original copy until we transfer the part of property to our name?
Is there any issues or legal problems keeping it with us just to avoid future problems?
Kat - 5-Aug-19 @ 2:30 AM
I HAVE PAID MY HOUSE IN FULL THAT WAS 2012,WHEN I WAS RETRENCHED FROM MY PREVIOUS JOB.I WASN'T TOLD WHEN I PAID THE HOUSE IN FULL THAT II MUST CANCEL THE BOND,NOW THAT I NEED MY TITLE DEED I'VE SEND ALL OVER THE SIDES.PLEASE HELP ME I DO NEED MY TITLE,WHAT MUST I DO.
S'DUMO - 9-May-19 @ 11:21 AM
I have a buyer for my mums house and we cannot find the deeds and it is not regwith the land reg. with have scgedulw of deeds and many other things. How long does a reconstruction of deeds take as we will moving into a new build in July?
Gal - 28-Mar-19 @ 9:43 PM
My dad has just passed away leaving mum with the house both names are on the deeds to the property. They had a mirror will. Does my mum have to take my dad off the deeds or not. Many thanks.
Karen - 8-Mar-19 @ 8:07 AM
Trying to get information on how to get the deeds to my house could you please help me
Jeanbrianbob79 - 2-Feb-19 @ 5:56 PM
I had been going through my house insurance in regards to legal advise relating to some scaffolding that has been erected on my right of way at the back of my garden, it has taken them 3 weeks to look at the copy deeds I had supplied, along with pictures of the trespass (scaffolding erected), the firm have now sent me a letter saying they cannot help as they can not obtain a copy of the conveyance for either my property or the second property the dispute is with.
Why would they not be able to find either document ?
Rich - 2-Feb-19 @ 12:54 PM
Do the deeds show information on septic tanks and does it cost to get a copy from the mortgage provider. If so how much.
Septicsue - 31-Jan-19 @ 7:29 AM
How can I check that my Title Deed is Registered?
Mongie - 23-Jan-19 @ 2:38 PM
Unfortunately I am the victim of fraudand would like to know how certain persons have managed to get their name on property I own.The fraud is vicious and includes professionals such as solicitors and police.How can I verify the deeds which were very be-quested in my name?
Eve - 3-Jan-19 @ 11:14 AM
Q.
I am presently searching for the whereabouts to the deeds of a property I once owned and lived in.The property was purchased in 1986. Since that time my partner and I have been divorced and sadly she died in August 2016. My son has dealt with all matters pertaining to probate but after much searching we are unable to find the deeds to property. I have checked personally with the Land Registry who informed me that the property wasn't registered and after consultation with the Building Society I was informed that the deeds were handed over to I presume my former partner in 2013.I have also sent a number of emails off to all the Solicitors in the small town where the house was bought to see if they may stillhave a copy. Given that my name is still on the title deeds is it still down to me to pay the council tax on the property? If the deeds cant' be found what do I do next? Jim.
Jim - 17-Nov-18 @ 3:58 PM
I am trying to find out if a relation of mine has the deeds to my late Nan’s place.
She died in March 1997 the place is now derelict as they do not live there anymore.
I just want to find out if their name is on the deeds.I have found out that the land and property is not registered.Can anyone help me? Thanks
flower - 8-Nov-18 @ 11:59 AM
I paid my mortgage off in 2017 nationwide...they state in a letter saying deeds were electroically held by the land registry.Does this mean I have to pay to see them?
Lesley - 1-Nov-18 @ 10:07 AM
My mortgage has been off for about 5years and I don't know who has the deeds is it the Halifax or the solicitor who I don't even know who he is
Mick - 31-Oct-18 @ 1:59 PM
Hi my solicitor is blinding me withscience so need to see if I can understand our
my mum has passed away and the assent of property is on going to my daughter
The mortgage was redeemed years ago
I have been asked to find the deeds which it seems my mum should have had but I can't find them! The property is registered at land registry and I have the number
On one hand she is telling me it's a problem that I can't find them but she is preparing the forms for the assent for me to sign??
Do I still need the deeds for a line to be drawn under all this and if so can I get copy as I can't find them!
Karen - 25-Oct-18 @ 3:05 PM
Piglet65 - Your Question:
Hi we have recently got married and want to put both our names on our house deeds, currently just my husbands name do you know how we go about this and an idea of the costs involved please?
Our Response:
The link here , should tell you all you need to know including fees.
ContractsAndAgreements - 7-Sep-18 @ 2:13 PM
Hi we have recently got married and want to put both our names on our house deeds, currently just my husbands name do you know how we go about this and an idea of the costs involved please?
Piglet65 - 4-Sep-18 @ 4:34 PM
