Can You Sell a House Without Title Deeds?

Selling a house can be complicated at the best of times. The potential delays, costs and stress leave you wondering whether you’ve forgotten anything important and slowed the process down even further. One essential collection of items is the title deeds. This paperwork that proves ownership of the property or land plays a vital role in a house sale, but you may be surprised to know that you can still sell a home without title deeds if you can prove you own the property in the first place. You can do this in a few ways, as we’ll explain further down the page.

What are title deeds?

The title deeds of a property are a collection of documents that are updated each time the property is bought or sold. They will reflect the change in ownership and prove that the new owners have the right to the property or land.

Title deeds will commonly include:

• Wills
• Mortgage documents
• Leases
• Conveyancing reports
• Contracts relating to the sale
• Restrictive covenants (if applicable)

Whilst the deeds will confirm ownership, you don’t actually need a physical copy to hand to prove you own the home. You will, however, need to ensure a digital copy is available via the Land Registry. The Land Registry should have the complete record of ownership from the first time the land or property was registered.

However, things can get a little more complicated if the property was never registered. It only became compulsory to register land and property in England and Wales in 1990, meaning that approximately 10%-15% of land or property remains unregistered because it has not been sold or transferred since registration became compulsory.

So, what can a homeowner do if they cannot find their title deeds or the property is unregistered? Let’s dive a little deeper.

Do I need the title deeds to sell a house?

You don’t need the physical deeds if you wish to sell a home, but you will need to prove you own it. As a result, it’s best to check that the property is registered before proceeding with the sale. If it isn’t, you can still sell it: you just might have to do a little more groundwork than you might have hoped.

If you don’t have the title deeds to hand but either know the property is registered or are convinced it is, it isn’t necessarily a problem. Shouldthe property be registered, the Land Registry will hold copies of all the essential information relating to the home. Simply visit the Land Registry website and search for your property. This will then give you the title number for the property and access to the deeds.

From here, you can then purchase the applicable deeds for your property for £7 per document. Total costs may vary depending on the number of documents required.

Before going this far, though, it may be beneficial to speak to the solicitor or conveyancer you used when you purchased the property. They may still have the deeds on file. Failing that, it might be worth asking your mortgage lender, as they often hold copies too.

Selling a house without deeds because it isn’t registered, or the deeds are lost

If you have tried to locate the title deeds and have found that the property is not registered, or that the deeds have been lost, you’ll need to apply for “First Registration.” This, in effect, registers the property for the first time. It can be a slow and expensive process, but it will be essential if you wish to sell the home. Due to the complexities involved, you will need the expert advice of a legal professional.

You’ll need an ST3 form, where you can provide a statement of truth and supply supporting evidence of your claim to ownership. The more evidence the better, but in general, you will need:

• Mortgage payment history
• Bank statements
• Utility bills for the property
• Electoral roll records
• Any contracts relating to the property
• Insurance documents
• Supporting statements from your mortgage lender or solicitor

Additionally, you’ll also need to:

• Provide evidence that you have tried to locate original deeds
• Identify the property requiring registration on a plan drawn up when the property was built (where possible)
• Provide information on how the deeds may have been lost/destroyed and where they are likely to have been located at the time.
• Prove who owned the property when the deeds were lost

This is all part of the Land Registration Rules 2003, where Rule 27 states, “You may apply for First Registration of land if the title deeds have been lost or destroyed.”

What happens if Land Registry first registration is refused?

There is a chance the Land Registry may reject your claim for first registration. They might find that loss or destruction of the deeds hasn’t been satisfactorily proven. If this is the case, they might instead give you “Possessory Title”. This means that the first person registering the property didn’t have sufficient evidence to be granted the full title.

The house can still be sold, but the process can be made a little more challenging, as the buyer will have to conduct their own due diligence to ensure that ownership is valid.

For further information relating to title deeds and their implications, we’ve created a handy guide on limited title guarantees, which should answer any questions you may have regarding buying or selling a property.

If you are looking to sell your house fast, speak to Bettermove. Our fee-free route to sale enables a smooth and seamless property sale in a timeframe that suits you. We can either buy your house ourselves or present it to a network of cash house buyers. Both options provide a quick sale without you needing to spend a penny. Interested? Contact us today to find out more.