Yorkshire Post - Property

How to decipher a title register for proof of ownership

- Eleanor Stothard SWITALSKIS SOLICITORS IN YORKSHIRE WWW.SWITALSKIS.COM

Some proofs of ownership are very simple but when it comes to buying a property, things work a bit differentl­y.

Once you’ve completed the purchase, your legal ownership will be registered at the Land Registry and you will receive an updated copy of the title deeds for the property you have bought.

This document is often referred to as the “official copies” of a property, or title register. All properties and land registered at the Land Registry will have an electronic copy of their deeds stored online. This is a public document and is the official document that provides homeowners with proof of ownership.

While most title registers are for residentia­l and commercial properties, they also exist for places such as churches, playing fields and even some parts of the seabed.

Here is what each section of the title register includes.

Header Section: This shows the title number of the property. Each separately registered parcel of land has its own title number.

There will also be a date which indicates when the title was last updated.

It will also show the date and time of when the official copy was produced and which Land Registry office deals with the title.

Section A: Property. This describes the land in the title and details any rights which benefit it and details which country the property is located in and which local authority it falls under.

It tells you whether the property is freehold or leasehold and shows the property address or descriptio­n. The date at the start of the entry is the date the property was first registered at the Land Registry.

There will be entries which detail any rights which benefit the property and any rights reserved over the property for the benefit of others. These will be set out in this section or will refer to another title deed which can be downloaded from the Land Registry.

If the property is leasehold there will be basic details about the lease such as the date it was granted, who the original parties were and duration of the lease term.

Section B: Proprietor­ship. This tells you the class of title, who the current owner is and informatio­n about anything which affects the right of disposal.

The class of title the property can be Absolute Freehold or Leasehold, Good Leasehold, Possessory Freehold or Leasehold and Qualified Freehold or Leasehold.

When buying, it is ideal to purchase a property with ‘Absolute’ title as this gives an unequivoca­l right of ownership to the owner and cannot be challenged.

Section B shows the name of the current owner and the price they bought it for or the value of the property. It also lists any personal covenants given by the current owner to the former owner, referred to as a freehold or leasehold indemnity covenant.

This section may also include restrictio­ns which prevent the sale or transfer of the property from being registered without an action being performed, which is normally obtaining a certificat­e of compliance or deed of consent from a third party. The most common restrictio­ns are from mortgage lenders which prevent the property being sold without the mortgage being redeemed. The Land Registry will remove the restrictio­n when the mortgage is repaid.

Section C: Charges. This shows mortgages, other financial charges, notices and covenants.

 ?? ?? DEEDS: Once you’ve completed the purchase, your legal ownership will be registered, says Eleanor Stothard.
DEEDS: Once you’ve completed the purchase, your legal ownership will be registered, says Eleanor Stothard.

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