Here are some of our frequently asked questions
If your question isn’t listed please get in touch with one of our team via our contact page.
Do I need to own the property to conduct a search?
No, you don’t need to own the property. You can search for any property in England and Wales, regardless of ownership.
Is my Title Register or Title Plan current and up to date?
“Unregistered” means that the land is not recorded with HM Land Registry (in England and Wales), Registers of Scotland (in Scotland), or the Northern Ireland Land Registry (in Northern Ireland) when performing a land registry search in the UK.
It does not suggest that the land has no owner or that the address is incorrect. It simply indicates that no records or deeds are available in the relevant land registry, referred to as the “Land Registry” hereafter.
For unregistered property, the title deeds are held privately by the owner or their mortgage provider, unlike registered land where the deeds are kept by the Land Registry. There is no straightforward way to identify the owner of unregistered land, nor can you compel the owner to provide their deeds without a court order. Dealing with unregistered land that you do not own can be a complex and challenging process.
Do your Ownership Searches include more than just the owner’s name and address, or is additional information provided?
The Ownership Searches provide a wealth of additional information about the property, including the purchase price, restrictive and personal covenants, rights of way, property boundaries, tenure, class of title, mortgages, restrictions, and notices. Some searches may also include conveyancing deeds, leases, ground rent titles, and the property’s history.
Why isn’t my lease registered under my name?
You don’t sign a new lease when purchasing a leasehold property. As the buyer, you acquire ownership of the property and become bound by the terms of the existing lease, as if you were the original tenant.
There’s no need to draft a new lease for each sale since the lease terms remain the same regardless of the property’s sale. Creating a new lease would be unnecessary and likely increase legal fees. Instead, your lawyer will simply update the Title Register to include your name and register you as the new owner with the Land Registry.
What does it imply if a property is unregistered?
“Unregistered” means the land is not recorded with HM Land Registry (in England and Wales), Registers of Scotland (in Scotland), or the Northern Ireland Land Registry when conducting a land registry search in the UK.
This does not mean the land has no owner or that the address is incorrect. It simply indicates that there are no official records or deeds for the land in the respective land registry, which will be referred to as the “Land Registry” from here on.
For unregistered land, the title deeds are kept privately by the owner or their mortgage lender, unlike registered land where the deeds are held by the Land Registry. Identifying the owner of unregistered land can be difficult, and there is no legal way to compel them to provide their deeds without a court order. In short, managing unregistered land, especially if you don’t own it, can be a complicated process.
Which search should I use to prove that I am no longer the owner of a property?
You need to purchase the Title Register, which shows only the current entries. If you have sold the property, the new owner’s name will appear in place of yours. To prove previous ownership, you will also need to obtain a Prior Copy of the Title Register.
If I have lost my deeds and the property isn’t registered, how can the Lost Deeds Search assist me?
The Lost Deeds Search includes an application for the Title Register and Title Plan. If the property is registered, this will provide copies of the deeds. Often, we find that a property is registered even when the owner believes it is not or has been unable to obtain the registered documents in the past. Sometimes, the registered paperwork for a property is linked to another title, making it less straightforward to access.
