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Title Deeds

Article 977 [ added on 23-02-2011, updated on -- ]


Title Deeds – what are they?

Title deeds are a hard copy record of who owns property or land. Title deeds must be registered with HM Land Registry - a nationwide database.

Title Deeds – Why?

As referred to above title deeds indicate ownership. If the property /land is placed on the market a solicitor will check the deeds to ensure the seller can sell. The title deeds will indicate if anyone else has an interest in the property, any other mortgage, boundaries and rights of way.

Title Deeds – Where?

Usually held by the mortgage lender for the duration of the loan. Copies of the documentation can be requested; there will be a charge. Once the loan is paid the property owner can hold the deeds or place them in a secure and fire proof location. Some building societies will store the deeds in a fire proof facility; as always there will be a charge.

Title Deeds – Content

Within the deeds will be a list of conditions of ownership. Matters such as maintenance, rights of way, restrictions on use, etc.

There will be details of ownership and indications / restrictions on the disposal of the property.

Title Deeds – Changing the details

A potentially complicated procedure requiring the services of a solicitor.

Title Deeds – Covenants/Conditions

A covenant is a legally binding condition which must be observed by all property owners. Application can be made to remove or modify these conditions.

If a condition is broken the question is would or could it be pursued. Technically and legally a very complicated situation. Time span could be a consideration; it may be that the original reasoning for the condition is no more. Professional legal advice is a must.



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