Reading a title register before you buy
The title register costs a few pounds and answers the question that matters most: what are you actually buying, and what can you do with it?
HM Land Registry holds the title register for registered land in England and Wales, and it is available online for a few pounds. It is the definitive statement of what is owned and what restrictions apply, and reading it before you commit is the cheapest due diligence available.
Most buyers rely on their solicitor to read it, which is reasonable but late. Reading it yourself before you make an offer means you can price the problems or walk away from them before you have invested time and money.
The three parts of the register
The register is divided into three sections, and each answers a different question.
- The property register: what is included, the tenure, and any rights the property benefits from, such as a right of way
- The proprietorship register: who owns it, the class of title, and any restrictions on the owner's ability to sell
- The charges register: mortgages, and — most importantly — restrictive covenants and rights that burden the property
The entries that matter
These are the findings that change what a property is worth or what can be done with it, and they are all in the register rather than in the marketing.
- Restrictive covenants limiting use, development, subletting or the keeping of animals
- Rights of way across the property, or obligations to contribute to the maintenance of a shared access
- A possessory or qualified title, which means the title is not fully guaranteed and may not be mortgageable
- Chancel repair liability, which can oblige an owner to contribute to church repairs
- Mines and minerals excepted, meaning the subsurface rights belong to someone else
- Notices and restrictions protecting a third party's interest, which may need to be removed before a sale
- A lease with a short unexpired term, on a leasehold title
How to use it
Order the register and the title plan for the specific property, and read the charges register carefully. Where something is unclear, ask your solicitor before you make an offer rather than after, because the answer may change the price you are willing to pay.
Where a covenant or a right looks problematic, the question to ask is whether it can be removed, varied or insured against. Some can, with the agreement of the beneficiary or through a restrictive covenant indemnity policy. Others cannot, and the property's use is permanently limited.
Common questions
- How do I get a copy of a property's title register?
- From HM Land Registry's online service, for a few pounds. You can search by address and download the register and the title plan. For unregistered land there is no register, and the title has to be established from the deeds, which is more complex and slower.
- What is a restrictive covenant and does it matter?
- A restrictive covenant is an obligation recorded against the title that limits what an owner may do — for example preventing development, business use or subletting. It matters because it can prevent the use you intended, and it is not always removable. Check whether it can be varied or insured against before committing.