Find a Solicitor to help with Deed of Title Registration or Amendment

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:

1. Search the register to check your property is not already registered
2. Apply for a Land Charges Department search against previous owners since 1925
3. Fill in FR1 
4. Prepare a scale plan where the land is outlined, if not already in the deed
5. Fill in 2 copies of the list of documents form
6. Work out your registration fee based on the value of your property 
7. 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:

1. Prepare the necessary documents – you will need proof of ID and have the application signed by a solicitor
2. Submit an amendment application – complete form AP1 from Gov.uk's website
3. 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.

Common issues in title deed amendments

Disputes can arise over title amendments, especially boundary disputes when incorrect title plans are in place.

It could be there is an omission of a right of way, or restrictive covenant. Or, there could be boundary errors, so that the title plan and actual boundaries do not match. There might also be conditional access rights that limit use.

Errors on property transactions can lead to ownership doubts when there are inconsistencies verifying the seller as a previous owner.

There are legal implications for failing to amend title deed. When a mistake in the register causes loss, or the mistake isn’t corrected and could cause loss, anyone who suffered loss could claim indemnity,

When there are mistakes on title deeds, they can prevent new owners from being properly registered. So, when a house is on the market, potential buyers may pull out of a sale when they learn of errors on the title. 

When to seek legal assistance

There are some scenarios where legal assistance is necessary. 

They include:

• Complex property disputes
• Disagreements over amendments 
• Errors resulting in financial loss

How Lawhive provides support with title registration and amendment

Our expert property solicitors can provide legal advice for title amendments, including:

• Land registry amendment
• Rectifying title deeds
• First-time registration of deeds
• Conveyancing title amendments

What is the process for correcting a boundary error on a title deed?

If you think there is a boundary mistake on your property’s title plan, you can write to the Land Registry. 

HM Land Registry Citizen Centre
PO Box 74
Gloucester
GL14 9BB

You’ll need to explain why you think there has been a mistake and include any evidence you have to support your claim, for example, certified copies of the property deeds.

Can I amend a title deed myself, or do I need a solicitor?

You can make the changes you want to your title deed yourself, however you will need to have a solicitor sign the application. 

You may want the guidance of a solicitor to complete the changes when you want to make complex changes.

How long does it take to amend a title deed? 

The time it takes to change property title deeds can vary between 9 weeks to 4 months. The more complex the amendment, the longer it will take to process.

For common ownership or mortgages, the Land Registry states that changes to existing titles will take 10 to 30 days, while most applications are completed within 60 to 80 days.

What fees are associated with amending a title deed?

There are a few fees to take into consideration:

• Stamp duty land tax – you will pay 0% on the first £125,000, 2% on the next £250,000 and between 5% and 12% for the next three bands
• Land Registry fee – the cost ranges between £20 to £305 depending on the value of your property
• Conveyancing solicitor – the cost for amending a title deed is between £100 to £500
• Associated fees – you may have to pay £9 for online ID checks, £3 for the official copy of the title from the Land Registry and £40 if the Land Registry deems an inspection of your property necessary

Legal services for deed of registration or amendment

It’s important to address title deed issues promptly as they can lead to legal issues and costly disputes. These problems are also time-consuming and energy-sapping.

With the guidance of an experienced property solicitor, you can register or amend your deed accurately and quickly.

Contact us today for expert legal assistance with a deed title of registration or amendment to a deed.

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