Can Title Deeds Be Changed?

Title deeds, also known as conveyancing documents, are the legal documents proving ownership of a property in England and Wales. These documents hold significant importance, and their content reflects the ownership history and any restrictions or rights associated with the property. In this article, Can Title Deeds Be Changed, we take a look at the process and mechanism involved.

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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of title deeds, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Understanding the Content of Title Deeds

Traditionally, title deeds were physical documents kept by the owner. However, with the increasing adoption of digital land registries by HM Land Registry, physical deeds might not always be readily available. Regardless of the format, title deeds typically contain:

• Names of the current owner(s)
• Details of the property (address, description)
• Previous ownership history
• Restrictions or covenants affecting the property (e.g., rights of way, building limitations)
• Details of any mortgages or charges secured on the property

Scenarios When Changes to Title Deeds Might Be Necessary

While title deeds are considered permanent records, there are situations where modifications might be required. Here are some common examples:

• Change in Ownership: When a property is sold, the title deeds need to be updated to reflect the new owner(s). This process typically occurs during conveyancing, handled by solicitors acting for both the seller and the buyer.
• Adding or Removing Owners: If there’s a change in ownership structure, such as adding a spouse to the title deed or removing a joint owner upon separation, the title deeds require modification.
• Changes to Property Boundaries: If a property undergoes boundary adjustments due to mergers with neighbouring land, the title deeds need to be updated to reflect the revised boundaries.
• Removing Restrictive Covenants: In some instances, restrictive covenants attached to the property might become outdated or impractical. A legal process can be initiated to seek modification or removal of such covenants, requiring an update to the title deeds upon successful application.

The Legal Process for Changing Title Deeds

The process for modifying title deeds can vary depending on the specific circumstance. However, some general steps are typically involved:

• Instructing a Solicitor: A qualified solicitor specialising in property law can guide you through the process, ensuring all legal requirements are met.
• Obtaining the Title Deeds: If physical deeds exist, they will need to be located and provided to the solicitor. For properties registered with HM Land Registry, the solicitor can obtain the necessary information electronically.
• Preparing the Legal Documents: Depending on the nature of the change, the solicitor will draft the necessary legal documents, such as a transfer deed or a deed of variation.
• Obtaining Consents: In some cases, consent from other parties with an interest in the property, such as a lender holding a mortgage, might be required before proceeding.
• Registration with HM Land Registry: Once all documents are prepared and any necessary consents are obtained, the solicitor will submit the application to HM Land Registry for registration. For properties already registered, the update will be reflected electronically.

Important Considerations Before Changing Title Deeds

Modifying title deeds can have significant implications. Here are some key factors to consider:

• Costs Involved: Legal fees associated with instructing a solicitor and potential registration charges with HM Land Registry need to be factored in.
• Tax Implications: Depending on the nature of the change, there might be potential tax implications, such as Stamp Duty Land Tax for property transfers. Your solicitor can advise you on any relevant tax considerations.
• Impact on Future Sale: Any modifications to the title deed, especially removing restrictive covenants, could potentially affect the property’s value or marketability in the future.

Alternative Solutions to Consider

In some situations, alternatives to modifying the title deeds might be more suitable. Here are a few possibilities:

• Deeds of Variation: For minor changes regarding ownership shares between existing joint owners, a Deed of Variation might be a more straightforward option compared to a full transfer deed.
• Side Agreements: If the change involves an agreement between specific parties but doesn’t necessarily need to be reflected on the title deeds, a formal side agreement drafted by a solicitor can be used.

Blackstone Solicitors: Your Trusted Partner for Property Law Matters

Blackstone Solicitors understands the importance of clear and accurate title deeds. Our experienced property law team can assist you in:

• Understanding your title deeds: We will meticulously review your title deeds and explain their content and implications in clear terms.
• Advising on the need for modifications: We will assess your specific situation and determine if changing the title deeds is necessary or if alternative solutions might be more

How we can help

We have a proven track record of helping clients deal with title deeds. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Commercial Property Solicitors

It is important for you to be well informed about the issues and possible implications of changing a title deed. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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