What Are Property Title Deeds and Why Do They Matter?
Title deeds are the legal documents that prove ownership of a property and record its history. They are central to every property transaction, yet many buyers and sellers have only a vague understanding of what they contain and why they matter. This guide explains what title deeds are, what they include, and what you need to know when buying or selling.
What Are Title Deeds?
Title deeds are the collection of documents that establish the legal ownership of a piece of land or property and record the rights and obligations attached to it. Historically, title deeds were physical paper documents - sometimes a bundle going back many years - that traced the chain of ownership from one seller to the next.
Today, most property in England and Wales is registered with HM Land Registry, which maintains a digital record of ownership. For registered property, the title deeds effectively exist as an electronic register held by Land Registry, and the key document is the Official Copy of the Register - a digitally held record showing who owns the property, any mortgages secured against it, and any rights or restrictions affecting it. You can search property information held by HM Land Registry online.
What Does the Title Register Contain?
A registered title in England and Wales is generally divided into three parts:
The Property Register describes the property itself - its address, the nature of the title (freehold or leasehold), and any rights the property benefits from, such as rights of way over neighbouring land.
The Proprietorship Register records who owns the property and the class of title (for example absolute, qualified, or possessory - most properties have absolute title). It also records any restrictions on how the property can be dealt with.
The Charges Register records any interests that burden the property - most commonly a mortgage (charge) secured against it, but also covenants (obligations that run with the land), easements affecting the land, and other third-party interests. For the current official position on what the register holds and how to obtain it, see the HM Land Registry property information service.
What Are Covenants?
Covenants are legal obligations attached to a property that bind not just the current owner but, in many cases, future owners too. Restrictive covenants limit what you can do with the property - common examples include prohibitions on extending, running a business from home, keeping certain animals, or erecting fences above a certain height. Positive covenants require you to do something - maintain a shared driveway, for example.
Many properties carry covenants that are decades or even centuries old. Your solicitor will review all covenants as part of the conveyancing process and advise you on any that are unusual, potentially problematic, or that you might inadvertently breach. Where a restrictive covenant could pose a risk, indemnity insurance is sometimes obtained to protect against enforcement - your solicitor will advise whether this is appropriate in your case.
What Are Easements?
An easement is a right that one property has over another - such as a right of way across a neighbour's land, a right to lay pipes or cables through adjacent land, or a right to light. Easements can benefit or burden your property, and both types will typically appear in the title register. Understanding them is important: a right of way that passes through your garden, or a lack of access rights you were relying on, can significantly affect how you use the property.
What About Unregistered Property?
Some properties in England and Wales are still unregistered - meaning they have not been formally registered with Land Registry. This is more common in properties that have not been sold or mortgaged for many decades. For unregistered property, ownership is proved through the physical bundle of title deeds tracing the chain of ownership over a period of years (your solicitor will confirm what root of title is required). First registration with Land Registry is generally triggered when an unregistered property is sold, mortgaged, or transferred - your solicitor will handle this as part of the conveyancing process. For the current rules, check the HM Land Registry guidance.
What Happens to Title Deeds When You Sell?
For registered property, your solicitor updates the Land Registry record on completion to reflect the new owner - in practice using HM Land Registry's standard forms (for example a TR1 transfer and an AP1 application to change the register), then obtaining updated Official Copies once registration is complete. The electronic register is amended and the buyer's solicitor receives official confirmation of registration. There is generally no physical document to hand over - for registered land, ownership is the Land Registry record. If you have any original paper deeds for a registered property, they have no legal status as proof of title (the register is the proof) but may have historical interest.
Can I Search the Title Register Myself?
Yes. Anyone can obtain copies of the register for a registered property in England and Wales through HM Land Registry. A basic property summary is free, and you can download a title register or title plan for a fee (gov.uk lists this as £7 each at the time of writing; an official copy sent by post costs more - always check the current gov.uk fees before paying). This is useful for checking who owns a neighbouring property, reviewing covenants before making an offer, or confirming that a property is registered in the seller's name before proceeding.
This article is for general guidance only. Title deeds and registration practices vary, and fees and rules change. Always instruct a qualified solicitor to review the title documents for any property you are buying or selling, and check the current HM Land Registry guidance.
Last reviewed: 14 June 2026. This is general information, not legal advice - always check the current gov.uk / HM Land Registry guidance.