Fact 40. Title Deed - what is it and why is it important?
A title deed is the official legal proof of property ownership, detailing who owns the property, its boundaries, rights, and any restrictions. It is essential because it confirms ownership and protects the buyer’s legal rights over the property.
Title deeds have long been at the heart of property ownership in the UK. For centuries, they served as the irreplaceable proof that a person owned land or a building. Even in today’s digital conveyancing environment, where the Land Registry holds records electronically, the concept of a title deed remains central to every property purchase, sale, and ownership transfer.
What Is a Title Deed?
A title deed is the official legal document that confirms ownership of a property or piece of land. It records who owns the property, the boundaries, the rights attached to it, and any conditions or restrictions that apply. Historically, title deeds were paper documents—handwritten, stamped, and signed—kept safely in banks, strongboxes, or by solicitors.
Today, title deeds are largely held digitally. Since the Land Registration Act 2002, the Land Registry maintains an electronic record for almost every property in England and Wales. Instead of paper deeds, an electronic “title register” serves as definitive proof of ownership. The register includes all the information that used to appear in a paper deed, along with supporting scanned documents available for public search.
In short, while old-style paper deeds have mostly been replaced, the information they contained remains fundamental to a property’s title.
What Information Does a Title Deed Contain?
A modern title deed—known formally as the Title Register—normally includes three parts:
Property Register – describes the property and its boundaries, with a reference to the title plan.
Proprietorship Register – shows who owns the property, the class of title, and any restrictions such as joint ownership or rights of pre-emption.
Charges Register – lists any financial burdens, mortgages, or third-party rights affecting the property.
Each registered property receives a unique title number so that it can be easily identified within HM Land Registry’s system.
The Shift from Paper to Digital Records
Before compulsory registration, property ownership was proven by a paper trail of old deeds, often going back many decades. Whenever a property changed hands, lawyers had to examine the sequence of deeds—the “root of title”—to confirm the seller’s right to sell it.
Now, electronic registration has streamlined this process. For registered land, the Land Registry’s records supersede the need for paper deeds. The official copy of the title held by the Registry represents absolute proof of ownership.
However, some older or unregistered properties still rely on paper title deeds as primary evidence. Where land remains unregistered (typically rural plots or very long-held family property), original deeds must still be examined and kept safe.
Why Title Deeds Still Matter
Even in an age of digital registration, title deeds matter for important reasons:
They provide vital historical information, property boundaries, and easements.
For unregistered land, they remain the only evidence of ownership.
They can reveal covenants—conditions restricting how the property can be used.
They help buyers, lenders, and solicitors verify title before completion.
They may hold details not shown in the Land Registry record, such as old rights of way or private access arrangements.
If you own an older property and it is not yet registered at the Land Registry, your title deeds are essential. Losing them may create serious complications when selling or mortgaging the property later.
What Happens if Title Deeds Are Lost?
For registered properties, losing copies of old deeds is usually not serious—HM Land Registry can issue an official copy of the title for a small fee. This official copy has the same legal standing as an original title deed.
For unregistered property, losing title deeds can be problematic. The Land Registry may still allow first registration through a process known as “possessory title,” but it requires detailed statements and supporting evidence. Replacement deeds cannot simply be reissued, so proving ownership may take time and involve legal fees.
What Does the Land Registry Record Show?
A Land Registry title register will typically include:
Property description and postal address.
Name and address of the registered owner(s).
Tenure (freehold or leasehold).
Title number and plan references.
Registered charges, such as mortgages.
Rights or restrictions affecting the property (e.g., rights of way, restrictive covenants).
Anyone can obtain a copy of a property’s title register and plan for £7 each via the official HM Land Registry website. It’s a useful way to check ownership details, boundaries, and whether any charges are registered.
The Role of Title Deeds in Conveyancing
During a property transaction, the buyer’s conveyancer or solicitor investigates the title to ensure that:
The seller owns the property and has the right to sell it.
There are no undisclosed restrictions or encumbrances.
The boundaries and property extent match the Land Registry plan.
Any lease terms or covenants are disclosed and acceptable.
All necessary consents, certificates, and rights are correctly documented.
If any issue arises (for example, a missing deed or unclear right of way), it must be resolved before completion. This is why title investigation is one of the most detailed stages in conveyancing.
What Are Title Plans?
Along with the Title Register, every registered property has a Title Plan. This is a scaled plan showing the general boundaries of the property, marked in red. It’s based on Ordnance Survey mapping but is not a legally precise survey. Instead, it provides an accurate visual reference of what land or building is owned. The title plan is particularly useful when selling, buying, or settling boundary disputes.
First Registration: Bringing Title Deeds onto the Register
Properties that have never been registered must go through first registration at HM Land Registry before they can be sold or mortgaged. When first registering, the original title deeds are required as evidence. Once registration is complete, the Registry issues a digital title record, and the original paper deeds no longer have legal effect, though they can still hold historical interest.
Certain events trigger compulsory first registration, including:
Sale or transfer of ownership
Grant of a mortgage
Lease for more than seven years
Assent after the death of the owner
Owners of unregistered property can also choose to apply voluntarily to register their land, which is generally advisable to protect against loss or disputes.
How to Check Whether a Property Is Registered
You can check online through HM Land Registry’s “Search the register” service using the postcode or address. If the property is registered, you’ll see a title number. If not, you’ll receive a message confirming that no registered title exists. It’s worth checking early if you own an older home—especially a rural one—to determine whether deeds still govern your title.
The Importance of Safe Storage
For unregistered land, paper title deeds are irreplaceable. They must be stored safely, ideally in a fireproof and waterproof location. Many people keep them with their solicitor, accountant, or bank.
For registered properties, storing your deeds is still useful, as they may contain documents or historical information not included in the Land Registry scan—such as historic planning permissions, maps, or private agreements.
It’s good practice to:
Keep originals clearly labelled with the property address.
Make photocopies or scan digital versions for backup.
Store details securely but accessibly for your next transaction or remortgage.
When Lenders Hold the Deeds
In the past, mortgage lenders typically held title deeds until the mortgage was fully repaid. With digital registration, this is no longer standard practice. Most lenders have returned any original deeds or destroyed paper copies after scanning. Homeowners can now keep any remaining documents themselves, but official proof of ownership remains within HM Land Registry’s database.
Common Myths About Title Deeds
Having “original deeds” does not make ownership more secure for registered property; the register itself is definitive.
Not all properties have a single “deed”—many have a bundle of different documents forming the title record.
Title plans do not show exact legal boundaries, only general ones.
You can’t “add” someone’s name to the title by changing the deed; a formal transfer and registration process is required.
Why Understanding Title Deeds Matters
Knowing what your title deed contains—and what it doesn’t—helps you manage your property with confidence. Whether you’re buying, selling, or planning improvements, awareness of covenants, boundaries, and rights ensures you can make informed decisions.
Title deeds tell the full story of a property: who owns it, what rights go with it, what obligations apply, and how it fits into the surrounding land. Even in a digital world, that story remains the legal foundation of ownership.