Title deeds are a highly important document in property ownership. A deed provides a clear history of ownership, information about rights affecting the property such as easements, and any associated obligations and interests.
It’s important to get it right when registering a deed. There are occasions when a deed of title need to be amended, such as when a solicitor incorrectly registers a property.
This is a detailed guide explaining the process of title registration and amendment in the UK, addressing common issues, legal requirements, and when to seek professional legal assistance.
Read on to navigate the complexities of title deeds, rectification, and amendments,
If you require legal assistance, consider Lawhive as a cost-effective provider of legal expertise backed by our specialist conveyancing solicitors.
We’ve written this guide for property owners and buyers.
What are title deeds?
Title deeds are formal legal documents that state proof of ownership and the history of a property’s ownership. They also contain information about land ownership rights.
They include information about covenants and easements.
They’re used by solicitors and conveyancers to prove that the seller owns a property and has the right to sell it. They can also be used in property boundary disputes, right-of-way disputes and are used in divorce proceedings.
Common types of title deed include:
Conveyances
Wills
Mortgages
Leases
Contracts for the sale of land or property
What is title registration?
Title registration of registering land or property at the Land Registry. This creates a title deed, which is stored digitally and can be requested by homeowners and landowners.
Under the Land Registration Act 2002 which replaced the 1925 act, the government aimed to facilitate digital conveyancing and improve how conveyancing was managed in England and Wales.
Since 1990, it has been mandatory to register all land and property that has been:
Traded or exchanged with another land owner – land swaps
Purchased
Inherited
Received as a gift
Mortgaged
Leased for more than 7 years
However, property that was purchased before 1990 and that hasn’t been mortgaged since may be unregistered. You can register it at any time by applying to the Land Registry. If you plan to sell or mortgage the property or land, registering will make the process much smoother.
Read this handy guide from Gov.uk for guidance.
When voluntarily registering a property for the first time there is a process that should be followed:
Search the register to check your property is not already registered
Apply for a Land Charges Department search against previous owners since 1925
Fill in FR1
Prepare a scale plan where the land is outlined, if not already in the deed
Fill in 2 copies of the list of documents form
Work out your registration fee based on the value of your property
Send the application fee and the completed form to the Land Registry
Why might you need to amend a title deed?
Moving on to properties already in possession of title deeds. There are several reasons you may want to amend a title deed.
Errors in property description or ownership – you can report simple errors noticed after a registration using an online process, you can upload supporting documents using the form. For more complex problems, the Land Registry may contact you to ask for further information, or ask you to submit a formal application. If the issue is with another property, the Land Registry will contact the owner about the request to change the register, they will have 15 working days to respond. If the owner objects the Land Registry cannot alter the register, unless their objection has no grounding. You may be able to negotiate with the other owner through dispute resolution
Changes in ownership – if you have got married or entered a civil partnership, your name may have changed, when you are divorced you may revert to your maiden name, or you may change your name if you change gender. Any name change will require a title deed to be amended. You may have inherited a property, you will need to register yourself as the owner. If a property is registered in a trust and a trustee changes, you will need to update the deed
Rectifying legal mistakes – a mistake may have been made in the application or an accompanying document, this will need to be rectified
How to amend a title deed
To amend a title deed you will need to:
Prepare the necessary documents – you will need proof of ID and have the application signed by a solicitor
Submit an amendment application – complete form AP1 from Gov.uk's website
Land Registry’s review – the Land Registry reviews and approves all amendments to a title deed
It’s advisable to hire an experienced solicitor to help you amend a title deed, especially if you plan to make complex changes.
How to respond to Land Registry queries
As the Land Registry has to approve amendments to title deeds, they may have questions or require additional details from you when reviewing your application amendment.
What is rectification of the title register?
Rectification of a registered title is a type of alteration to a registered title. It’s used to correct mistakes in the register which negatively impact the title of a registered owner.
Specifically, rectification is used to correct a mistake which creates a right to an indemnity under the Land Registration Act 2002.
This act only allows a court to order the alteration of the register when a mistake needs to be corrected; the register requires updating or giving a right or interest to an estate that was excepted in the original registration.
When all parties involved agree to rectification, a mistake may be corrected by entering a deed of rectification. An application to the court should be made if there is a dispute, or all parties want the rectification to have a retrospective effect.