Title Deeds are a wide range of document relating to specific land and property that are submitted to the Land Registry. Not all deeds are available on the HM Land Registry however the most commonly searched are;
Find which deeds are available on the register with a Title Deed Report
What is a Conveyance Deed? #
A Conveyance is the document by which the sale of a parcel of unregistered land or property.
They are created during a conveyancing transaction for many different purposes, most of the deeds were created during the property’s pre-registration status and are generally used for the detailed content.
A ‘conveyance deed’ or ‘sale deed’ implies that the seller signs a document stating that all authority and ownership of the property in question has been transferred to the buyer.
On signing a conveyance deed, the original owner transfers all legal rights over the property in question to the buyer, against a valid consideration (usually monetary). This consideration is irrelevant in the case of gift deeds, this is because they are based on fraternal or familial bonds.
Once the conveyance (or sale) deed has been executed on non judicial stamp paper, it needs to be registered. This can be done by presenting it at the Registrar’s office, and remittance of the registration fee.
Once the registration is done, the transfer moves into the public domain. The Government obtains its revenue in the form of Stamp Duty and Registration Fees, and at this point the process of conveyance is officially over.
They usually contain the following:
- Defined demarcation of the boundaries of the property
- A memo of the consideration, stating how it has been received
- The method of delivery of the given property to the buyer.
- Other rights (if applicable) annexed to the property and its use
- The chain of title i.e. all legal rights to the present seller.
- Any other terms and conditions that are applicable as far as the transfer of ownership rights are concerned.
What is a Transfer Deed? #
A Transfer Deed is the document which transfers ownership of the property from the seller to the buyer. It is a legally binding document that transfers ownership of a property as per the terms set out therein. The Transfer is registered at the Land Registry and allows them to effect the transfer in title, to be noted on the Official Copy Entries.
When buying or selling a property, you will need to go through the Conveyancing process.
Conveyancers or Conveyancing solicitors will register a property in the name of the buyer with HM Land Registry, this process includes the requirement of a Transfer Deed.
In order to transfer a property into one person’s name, you will need to complete a ‘Transfer of Whole of Registered Title’ form and send it to HM Land Registry, along with the correct fee and identity verification forms.
If the property was jointly owned as tenants in common, HM Land Registry will again need to update the title to remove the deceased person’s name from the register. The deceased person’s interest (their share) will be protected by a restriction on the register and the share will then form part of their Estate
What’s included:
The Parties
The names and addresses of the Transferor (the Vendor) and the Transferee (the Purchaser) are provided. Older transfers usually have a back sheet attached, which bears the names and addresses the party’s solicitors.
The Property
Details of the property being transferred are provided, and if the property is already registered, its Title Number.
Consideration
The consideration is provided. This is the sum of money for which the property is being purchased. If money is not to be exchanged then details of any other consideration must be provided.
Title Guarantee
The Transfer Deed must contain a statement that it is sold either with full title guarantee or limited title guarantee. The property is normally sold with full title guarantee, which means that the purchaser can sue the seller for breach of title guarantee should the need arise.
What is a Charge Deed? #
A Legal Charge or Charge Deed allows a lender to protect the money they have lent to an individual or company.
It is a legal document signed by the borrower which is registered against the property at the Land Registry to alert any potential buyer of the existence of the debt
This is usually a 1 or 2 page document that, once signed, provides confirmation that you’re happy to proceed based on the terms of your mortgage offer. Once completed, the signed mortgage deed becomes a legally binding document.
What’s included:
The documents are acceptable to the registry should:
- Contain a Land Registry heading
- Contain details of the Registered Owners names and the Borrowers names. These must correspond unless the Charge has been lodged with another registration and the borrowers names correspond with the transferees/lessees
- Identify the property accurately, refer to the relevant folio and indicate whether the property to be charged comprises all or part of the land in the folio. All too often charge deeds refer to a property by its postal address but omit the vital expression “being all the land comprised in the above mentioned folio”
What is a Lease Deed?
A Lease is similar to a contract for the sale of land and is prepared by the vendor’s solicitor rather than the purchaser’s solicitor. A Lease is created where a freeholder wishes to divide a property into smaller units, e.g. flats, and sell or rent each unit individually. It is far more detailed than a contract and regulates the relationship between the purchaser of the property and purchaser’s of other properties deriving title from the same freehold property.
In most cases a Lease will include a detailed Lease Plan, illustrating the precise extent of unique ownership and also the shared ownership, i.e. common parts of the property such as entrances, gardens, bin stores and parking spaces. Leases are sold separately to the Conveyancing Deeds.
What’s included?
Lease deeds are more detailed than contracts and are drawn up by the vendor’s solicitor, they may include details on;
- Lease plan
- Common area procedures and responsibilities
- Shared ownership
- Parking spaces
