What Is An Official Copy Of Registered Title And Why Is It Important?

Registered Title

In his latest Timms blog, Trainee Solicitor Michael Radze-Constable discusses “What Is An Official Copy Of Registered Title And Why Is It Important?”…

What Does The Official Copy Of Registered Title Contain?

Property Register

This contains everything that your chosen property has the benefit of over neighbouring properties. If your soon to be neighbour allows you to cross a path onto their property to access your garden, garage, or driveway, it will be contained in here. In days gone by, a simple gentleman’s agreement or handshake with your neighbour would be enough for such a right to exist. However, in the modern age of conveyancing, neighbourhood friendliness is rigorously recorded in detail on the Property Register.

It may seem overly extensive or cautious but having the benefits of such rights of way can add significant sell on value to your property if you chose to move again in the future. If your neighbour decided they did not want the next owner of your house to use their land to access a garden or driveway, you would have a difficult time finding a buyer any time soon!

Proprietorship Register

This will contain the names of the current owners of the property. Your conveyancer will look at the Proprietorship register to ensure that the sellers are in fact who they say they are. If those listed on the Proprietorship Register, and the names of the seller’s do not match, this will be identified by your conveyancer. It may be that one of the owners has passed away, and their spouse has remained living in the property. In this case, a certified copy of the death certificate will be required to evidence the passing of the deceased, and an application will be made to remove their name from the Proprietorship Register. Interestingly, the Proprietorship Register will list how much the seller paid for the property initially, and whether they hold the property jointly with their partner, or in separate shares.

Charges Register

While the Property Register contains the benefits your land has over neighbouring properties, the Charges Register contains rights that burden your property but that benefit your potential new neighbours. If you are expected to let your neighbours access your garden so they can pass through, you will want to know about this from your conveyancer before committing to purchasing the property.

The Charges Register will also contain details of the seller’s mortgage. In rare cases, if there is no mortgage, or other rights that your property bears the burden of, there will be no charges register, however, given the extensive cost of purchasing a house in the 21st century, not having a mortgage listed is becoming increasingly rare. You will also find details of “restrictive covenants”, which may impose limits on how you can use your land.

In Summary…

In summary, it is understandably frustrating that the excitement of moving into your new home can be dimmed by the extensive process that takes place in the background. However, your conveyancer, by taking their time before you formally purchase your new property, will save you lots of stress later on by identifying exactly what lies underneath the glistening gallery presented by the estate agent.

How Can Timms Help?

Alternatively, if you have any questions regarding this matter, please do not hesitate to contact me. You can reach me on 01283 561531 or via email at m.radze-constable@timms-law.com. Additionally, you can visit the Conveyancing page of our website here.

 

Michael Radze-Constable

July 2022

 

Blog by Area of Expertise