When buying or selling a property, you’ll often hear the terms “title” and “deeds” mentioned. While they’re closely related, they mean different things, and understanding the distinction can help you navigate property transactions with confidence.
They’re closely related but mean different things. Here, we explain how to get your house deeds, what happens to them once you’ve fully paid off your mortgage, and when you actually need the physical documents to sell.
Related: What is a memorandum of sale?
What is a property title?
A property title isn’t just a physical document – it’s a legal concept that represents your right to own, use, and control a property. When you hold the title, you have legal ownership and all the rights that come with it, including the ability to sell, let, or modify the property.
Your house title confirms you’re the legal owner and that no one else has a legitimate claim. The title includes information about any restrictions, rights of way, or covenants affecting how you can use the property.
What is a deed?
The deed is an actual legal document that transfers ownership from one person to another. What are title deeds? They’re the physical or digital records that prove ownership has changed hands and document the property’s history.
What are title deeds of a property made up of? They include the title register (showing current and previous owners), the title plan (illustrating property boundaries), and additional legal paperwork such as mortgages or contracts for sale.
In England and Wales, properties purchased after 1990 are registered with HM Land Registry, meaning the title deeds are stored digitally. For recent purchases, you may never have seen physical deeds, as everything is now recorded electronically.
What is a title search?
Title check is an essential process that examines the property’s complete legal history before purchase to confirm the seller has the legal right to sell.
Your solicitor will review Land Registry records to verify ownership, check for outstanding mortgages or charges, identify restrictions or covenants, confirm boundaries, and look for legal disputes.
How do I get the deeds to my house?
For registered properties, you can obtain copies of the deeds through the Land Registry portal at gov.uk. The Title Register, which includes details about your property’s ownership and legal status, costs £3 to download using the property’s postcode. The Title Plan, showing the property’s boundaries, also costs £3. If you require additional documents, such as full deeds, you can submit a deeds request form using your property’s title number, with each copy costing £7.
If you need the original physical deeds, these are typically held by the solicitor who handled your property purchase or your mortgage lender if you have an outstanding mortgage.
Related: Porting a mortgage explained
What happens to deeds when your mortgage is paid off?
When you pay off your mortgage, your lender informs HM Land Registry that the charge has been removed. The Land Registry updates your records to show you as the sole owner.
If your lender held physical deeds, you could request their return. The lender prepares a discharge of mortgage deed confirming the loan is paid. For modern properties, everything is digital.
Once discharged, you have complete ownership. You can request an updated title register to confirm the charge has been removed.
Do you need a deed to sell a house?
If your property is registered with the Land Registry, physical deeds aren’t strictly required to proceed.
The buyer’s solicitor will search the Land Registry to verify your ownership and identify potential issues. Since digital records act as definitive proof of who owns the property, the absence of physical paperwork won’t prevent the transaction.
That said, keeping your deeds accessible can still be beneficial. They sometimes include helpful details about property boundaries, easements, or historical agreements that might be relevant during negotiations or legal checks.
For the minority of properties that remain unregistered, the situation is different. Here, the original deeds serve as the main evidence of ownership, and attempting to sell without them creates substantial obstacles.
Related: A complete guide to solicitor’s fees when selling your home
Understanding your property ownership
Understanding the clear difference between titles and deeds helps you manage property transactions confidently and effectively. The title represents your legal ownership right, while the deeds document and prove that legal ownership.
If you need copies of your deeds or have questions, your solicitor can provide guidance. For registered properties, the Land Registry offers straightforward online access.
Have questions about your property transaction? Contact your local Whitegates branch today. Our experienced team can guide you through every stage of buying or selling.
