Thinking of selling your home but can’t find the title deeds? Don’t worry - you can still sell your property, but there are a few extra steps to take. In this guide, we’ll walk you through how to prove ownership, what to do if your deeds are missing, and how to navigate potential challenges to keep your sale on track.
What are house deeds?
House title deeds are legal documents that provide proof of ownership and outline important details about a property. They may include:
The name of the current and previous owners.
A record of past transactions involving the property.
Any restrictions or covenants affecting the use of the property.
Rights of way or access agreements.
Mortgage details, if applicable.
Do you need deeds to sell a house?
Title deeds were historically physical documents, but with modern property registration, many are now recorded digitally by HM Land Registry. Whether you need physical title deeds to sell your home depends on whether your property is registered with HM Land Registry.
Registered vs. Unregistered properties
Registered property: Most properties in England and Wales are now registered with HM Land Registry. If your home is registered, the details of ownership and legal rights are stored digitally. This means you don’t need physical deeds to sell your house.
Unregistered property: If your property isn’t registered (which can happen with older homes that haven't been sold in decades), you will need the original title deeds to prove ownership.
What if you can’t find your property deeds?
Lost your title deeds? No problem - you should still be able to sell your property or prove ownership, even without them. Here’s what to do:
Can you sell a house without the deeds?
If your property is already registered with HM Land Registry, you don’t need physical deeds - the title register is your proof of ownership. You can request a copy online for a small fee. If your property isn’t registered, you’ll need to apply for First Registration before you can sell.
How to register a property without deeds
HM Land Registry has a process for First Registration when deeds are lost or destroyed. Under Rule 27 of the Land Registration Rules 2003, you can apply for registration, but you’ll need to provide extra evidence - such as old mortgage records, council tax bills, or a statutory declaration confirming ownership.
To apply, you’ll need to complete two forms:
Form FR1 – The main application form for First Registration.
Form DL – A form listing the documents and evidence you’re submitting.
You may also need to provide supporting documents like:
Statements of truth (to explain how and why the deeds are missing)
Identity verification
Certificates from conveyancers or lenders
💡It can be a complex process, so it's worth hiring a lawyer to help guide you through the process.
How to prove ownership without your house deeds
If your title deeds are missing, don’t worry - you can still prove ownership using alternative methods. Here’s what you can do:
1. Find out if your property needs First Registration
If your property isn’t registered, you’ll need to apply for First Registration with HM Land Registry. To do this, you’ll need as much supporting evidence as possible.
2. Check with your solicitor
If you used a solicitor or conveyancer when buying your home, they may still have records of the purchase, including copies of the deeds or a contract of sale.
3. Ask your mortgage lender
If you’ve had a mortgage, the lender may have kept copies of the title deeds, especially if the property was unregistered at the time of purchase. Contact them to check if they still hold any records.
4. Provide supporting documents
If you can’t track down the original deeds, you can provide alternative proof of ownership, including:
Council tax bills
Utility bills
Home insurance documents
While these don’t legally prove ownership, they help establish your connection to the property and support your First Registration application.
5. Use a statutory declaration
If you can’t find any other proof, a solicitor can help you draft a statutory declaration - a legally sworn statement confirming your ownership of the property. This can be submitted to HM Land Registry as part of a First Registration application.
Can lost deeds be replaced?
Yes, but you’ll need to reconstruct ownership history using available records. It can be complex, but a solicitor can help by gathering supporting evidence, such as:
Method | How it helps |
|---|---|
Old mortgage agreements | If a lender was involved, mortgage documents can confirm past ownership. |
HM Land Registry search | If the property was registered, a title register can be requested online. |
First registration application | If the property was never registered, you can apply for first registration using alternative evidence. |
Solicitor records | If a solicitor handled the purchase, they may still have copies of the conveyancing documents. |
Witness statements | Individuals familiar with the property’s ownership history (e.g. previous owners, neighbours) may provide sworn statements as supporting evidence. |
👉 Learn more in our guide to how to find deeds to a house.
Can not having your title deeds slow down a house sale?
Yes, not having title deeds can slow down the house-selling process, particularly for unregistered properties. Buyers and mortgage lenders need proof of ownership, so if the deeds are missing, extra steps may be required to gather alternative evidence.
How missing deeds can cause delays
Issue | How it affects the sale |
|---|---|
Unregistered property | If the property isn’t registered, ownership must be proven through old records, which can take time. |
First Registration required | Registering an unregistered property for the first time with HM Land Registry can take several months. |
Buyer and lender requirements | Buyers and mortgage lenders need ownership proof before proceeding with a sale. |
Solicitor searches for alternative proof | Solicitors may need to gather old mortgage records, witness statements, or council records to prove ownership. |
FAQ
Can I sell a house without title deeds?
Yes, if the property is registered with HM Land Registry, you can sell it without the original deeds. If it’s not registered, you’ll need to apply for First Registration to prove ownership before selling.
How do I check if my house is registered?
You can check on the HM Land Registry website by searching your property’s details. For a small fee, you can download a copy of the title register, which confirms if your home is registered and provides proof of ownership.
What if I inherit a property with no deeds?
If the property isn’t registered, you’ll need to apply for First Registration using probate records, mortgage documents, or witness statements to prove ownership. A solicitor can guide you through the process and help gather the right paperwork.
Can a buyer refuse to purchase a house without title deeds?
Yes, some buyers may be cautious about buying a property without deeds, especially if it’s unregistered. Without clear proof of ownership, it could lead to legal complications or mortgage approval issues, so resolving registration early can make selling easier.
Final thoughts
Selling a house without title deeds is possible, especially for registered properties. If the property is unregistered, proving ownership may take longer and require additional documentation. Checking with HM Land Registry and seeking legal advice can help ensure a smooth selling process, even if the original deeds are lost.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.