In England and Wales, the title of land (in other words, historic proof of ownership) has always been proven in ‘the title deeds’ of the property.

Since the eighties property bought or sold in England or Wales has been required to be registered by your conveyancer at the Land Registry, making the importance of the physical deeds (effectively a paper record of the property, the property owner’s rights and responsibilities and a log of historic transactions) for registered property rather less important when proving ownership. However, the deeds are still an important historical record and should be kept safe and secure.

Given that many of us own property subject to mortgage, it’s probable that our property’s title deeds will still be held by the mortgagee (the lender). However, lenders these days simply register their interest on the title entry of the mortgaged property with the land registry. That said, in most cases, it's unlikely that you’ll see your property’s deeds until you clear your mortgage at which time you should request your deeds from the lender and make sure that their ‘charge’ on the registered title is removed. More and more lenders are now charging a fee for this administrative requirement.

For more information contact us or speak to a mortgage adviser on 01628 507477.

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