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 of 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.
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Comments...
I have recently repaid my mortgage, do I get my original deeds back from my lender and should there be any charge for this?
cowboy - 30 November 2011 @ 8:50 PM
back in 1984 i had a mortgage with the mercantile building society which is now the leeds building society how can i get the mortgage number as the leeds say they dont have any records dateing back that far
batey - 11 November 2011 @ 7:28 PM
My neighbour has put up a concrete shed in their backgarden that is in breach of the covenants in the title deeds.The structure is an eyesore and not in keeping with any of the gardens in the area. Pls advise what should be done to have this corrected.
JEPS - 8 November 2011 @ 5:27 PM
My ex partner has now left the house, I have the morgage in my name. How do I now change my Land Registry deeds to in my name please?
dolph60 - 19 October 2011 @ 8:40 PM
When I got married; my husband already had a house. We have now decided to put my name on the Deeds of the house; but the bank have sent a letter to state that they will not do the Transfer of equity. What do I do now.?? Please advise.Could I still get my name on the Deeds. if my husband is the only person on the mortgage. Please advise.
Aggie - 6 October 2011 @ 6:15 PM
My sisters (2) and I have inherited our late father's house in Scotland recently. The property is mortgage free and we intend to allow my neice to occupy the house in the short term whilst we decide on a course of action.
I am the principal executor of my father's will and my older sister is the substitute executor. This was done in this way as I frequently travel and I am not always available. It was my father's intention that either myself or my elder sister could administer the estate upon his death.
I have just been informed that if I want to pass on the powers of principal executor to my sister, I should expect to pay around 6 to 7 hundred pounds for this facility to be legally effected. This seems extreme especially as all we want to do is obtain the title deeds for the house.
We are expecting to pay around 180 pounds for the legal fees involved in obtaining the release of the title deeds but we did not expect to pay a further charge to transfer the powers to my sister.
I have 2 questions here -
1. Is this charge of 6 or 7 hundred pounds the 'norm' ?
2. Do we have to use a solicitor to obtain the title deeds of a property in Scotland ?
Madclanf - 24 September 2011 @ 5:38 PM
My husband died over 2 years ago. I rang the bank who we have the mortgage with to inform them. I specifically asked about his name being removed from the deeds. I as told not worry Mrs. we'll sort all that our for you. The bank was sent a copy of the death certificate. Now I've applied to the same bank for a remortgage. They said that my husband's name is still on the Deeds and Land Registry so my mortgage application can't be processed. What do I do now?
Dee - 20 September 2011 @ 9:06 PM
My property is in a terraced block which has a common area across its rear for the use of all tenants. The terms for the use of the common area are detailed in the deeds which we obtained when we purchased the property in 1972. The lessor of the common area changed hands a few years ago. Could the new lessor elect to change the terms of the deeds to alter the nature of the usage?
Pings - 14 September 2011 @ 4:48 PM
I have recently repaid my mortgage. I've received a letter today from Santander informing me that they need to discharge their interest in my property and given me an option of appointing my own solicitor or using them. What does this involve and how much should it cost me.
They advise that if they haven't heard from me within 7 days they will automatically carry out this work but make no mention of a fee.
Many thanks,
Sara - 13 September 2011 @ 12:49 PM
I gave deeds to a solicitor for storage, I worked abroad for five years and on my return found that the solicitors had closed their business. I never recived any correspondence regarding this matter and now I need to sell my property. How do I go about finding the deeds?
Tyneman - 25 August 2011 @ 8:52 AM
My sister and I have just inherited my late fathers house and I have grant of probate which confirms as beneficiaries we are the owners. We intend to rent the property once it has been refurbished, do we need to change the name on the deeds and/or register the house if we are not selling it?
Diane - 20 August 2011 @ 1:52 PM
I am in the process of selling my flat that had a deed of variation done 2 owners prior to me buying. This variation joined 2 flats into 1 thereby having 2 leases. I am now being asked by the buyers solicitor that copies of an original single lease done in 1984 needs to be given to them, my solicitor has tried without success to get one from the land registry, but there doesn't seem to be a copy available. I am at a loss that the previous owner who bought the property in 2002 and then me subsequently in 2006 has the flat registered with the variation officially at the land registry and so do I, but the solicitor will not accept an indemnity policy which my solicitor has put to her, and insists that we need to surrender all leases in the property (8 flat in total) and re -do them before the sale can be completed. Is this standard practice, or is this a stalling excercise. The buyer is still very keen to buy, but we are now in our 10th week of the process.
Hevsy - 12 August 2011 @ 4:06 PM
If my mortgage lender "sells" the mortgage note to another lender, does he need to inform me? and is there any time limit on them to do so?
eggie - 9 August 2011 @ 2:35 PM
Our property was a new build 11 years ago and the title deeds asked for a residents association to be set up. At one time we did have one with minuted meetings but no bank account (also asked for in the deeds) due to ownership changes this slipped. A new owner however is now threatening legal action if we do not comply. There are only 5 houses in the street. Can we be held liable and what sanctions are there. An association is now not feasible due the the bullying nature of this man.
Gardner Elaine - 19 July 2011 @ 6:49 PM
How do I go about changing my deeds from a joint ownership to a single ownership and will this cost very much there is no outstanding mortage on the property?
ROVERS77 - 21 June 2011 @ 5:42 PM
I have just paid off my 25 yr term Mortgage today and have been informed by Alliance-Leicester that under Scottish Law I now need to appoint a solicitor to release the building society's (hold) on my property. Earlier this year I was sent all my deeds and documents by A-Leic ie Land Certificate and Charge Certificate by Land Register of Scotland. Why do I now have to contact a solicitor as I have fully repaid my mortgage? What other interest do the Building Society have on my property.? I am confused?? I stay in Scotland.
joey - 7 June 2011 @ 11:14 AM
This is the answer I expected. However a friend of mine who has just settled his mortgage asked for his deeds back and was told that nowadays paper copies of deeds were no longer retained bymortgage lenders and that armed with the title number he could look at the data online and/or request copies from HM Land Registry. So who is right?
rondeval - 17 March 2011 @ 10:11 AM
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