The land registry holds digital records of land and property when it is registered for the first time. The originals are sent back to whomever lodged them. If you are trying to find your title deeds, they may well be with the solicitor that acted for you when the property was purchased. If the property was already registered when you bought it the solicitors may not have the records. If the property has been bought and sold many times, then it may be extremely difficult to track down the deeds.
The title deeds to a property with a mortgage are usually kept by the mortgage lender. They will only be given to you once the mortgage has been paid in full. But, you can request copies of the deeds at any time.
Do you need your title deeds?
If the property you own is already registered with the land registry, then you do not need the deeds in order to prove that you own the house, but you may need them in order to clarify the extent of your property and its boundaries.
Property Burdens
The title deeds will also include a list of property burdens. These are any obligations to the property that the owner has. Property burdens can include:
Access and rights of way
Restrictions on the property (such as using it to run a business)
Restrictions on altering the property
Any issues regarding roads or byways that pass through the property
Changing title deeds
If the property is in joint ownership, and one person buys out the other, then the title deeds will need to be amended to reflect this change. A solicitor will need to be instructed to work on your behalf to make any changes to a title deed.
Inheriting a property
If you inherit a property from a relative, their solicitor will normally have the title deeds changed to mirror the wishes of the relative.
If you have any issues regarding a title deed, or require changes to be made, it is imperative that you instruct a highly competent, experienced solicitor to work on your behalf.
For all questions regarding purchasing commercial property contact Kaiser Solicitors for a no-obligation quote.
FAQs
Once your property is registered there is no specific need for you to physically hold the deeds. However, mortgage lenders may hold the title deeds during the term of the mortgage or ask that your solicitor does so.
Does my solicitor hold the deeds to my house? ›
Usually, the original copy of the title deeds is held by the solicitor you used at the time of purchase. However, if a mortgage was required when purchasing a property, then it is possible that your mortgage provider will also hold a copy.
Who holds the title deeds on a mortgaged property? ›
If you don't have your original title deeds, they may be stored with your mortgage provider. They could also be with the solicitor who acted for you when you purchased the property.
Do solicitors charge for holding title deeds? ›
Do solicitors hold title deeds? My title deeds are held by my solicitor, who advised me that if they were subsequently to be instructed in any future sale of the property there would be no charge, but if another practice were to be employed there would be a nominal one-off charge.
Where do you keep mortgage deeds? ›
In conclusion, keeping your house deeds safe and secure is essential even after you have paid off your mortgage. It is important to store them in a secure location, such as a safe or a lockable cabinet, or entrust them to a solicitor or a bank.
How long do solicitors keep deeds? ›
The general consensus is that the minimum legal document retention time for most types of records should be at least six years, as this is the primary limitation period under the Limitation Act of 1980. Other legal documents, on the other hand, must be retained for a period of at least 15 years or more.
Are house deeds kept at Land Registry? ›
Registration of residential properties in England and Wales has been compulsory since 1990, so all title deeds from that date forth will be held by HM Land Registry.
How long does it take to get title deeds from Land Registry? ›
We complete half of all applications to register land or property for the first time in about 14 months. We complete almost all in about 15 months, but a minority might take a few weeks longer depending on the application.
Does the bank hold my title deeds? ›
It's normal for a bank or building society to keep your title deeds until your mortgage is repaid.
Are deeds the same as Land Registry? ›
Land registry title deeds are a legal document that proves an individual's ownership of a property. The title register lists the owner's name and address, as well as any restrictions or charges on the property, while the title plan shows the boundaries of the property.
Annual Storage Charges
| For holding up to 4 documents as follows : | Ex VAT |
|---|
| Deeds to your main residence(s) Your will (s) Power (s) of Attorney | £35.42 |
| For holding extra deeds to any other property | £18.33 |
| For holding one will/ power of attorney | £18.33 |
| For holding stock & shares certificates for individual clients | £18.33 |
1 more rowYou must tell HM Land Registry if a mortgage on a registered property is paid off ('discharged'). Usually your mortgage lender will do this for you automatically but they may send you a completed 'cancellation of charges' form.
Do you need a solicitor to transfer title deeds? ›
If the property is being transferred by two or more people to one party, the outgoing party(ies) will need to obtain independent legal advice from an independent Solicitor, if the outgoing party does not wish to obtain independent legal advice they will need to still attend the offices of a Solicitor to complete an ID1 ...
What happens if you lose your house deeds? ›
The first thing to do is to make sure the title deeds have definitely been lost or destroyed. If you're simply struggling to find it, you might want to look a bit harder. You can apply for replacements, but it's a complicated process. Replacements will also only be granted in specific circ*mstances.
Do Halifax hold my deeds? ›
If your property was registered before 13 October 2003 or is unregistered, we may hold your deeds. Please call us on 0345 727 3747 for further information. We're open Monday to Friday 8am-8pm and Saturday 9am to 4pm.
Do I need a solicitor to remove a charge on a property? ›
A borrower should not simply remove the charge unilaterally by instructing its solicitors. Doing so will not invalidate the charge and there is a risk that the Crown could pursue the borrower for any sums still due.
What happens to the deeds of my house? ›
When you pay off your mortgage you might be required to pay the mortgagee (the lender) a final fee to cover administration and the return of your deeds). At this time your deeds will be sent to you for safekeeping. You can either keep them safe or ask your bank or solicitors to hold them for you.
What happens if you can't find the deeds to your property? ›
If you have exhausted all avenues and you cannot locate the title deeds you may need to consider applying for a Reconstitution of Title with the Land Registry. This can be a long drawn out process and you should only consider this avenue if you have tried all others.
How do I get my deeds when mortgage paid off? ›
When you've finished paying off your mortgage you are entitled to have your own documents which include property deeds returned to you. At this point, the mortgage provider is no longer entitled to keep them and will usually return them to you with your final payment.
