Deeds Register and Plans What’s the Difference

There is a lot of documentation associated with buying and selling property and conveyancers and other legal professionals will often use terms which are unclear to the rest of us. Some of the most basic terminology concerns the legal documents which you get to prove that you a house or piece of land, the Register, Plans, and Deeds.

Land Register, or Land Registry

The Land Registry is a government department in England and Wales which has the job of keeping track of who owns what. In the dim and distant past, this was done using large pieces of paper and a paper register. More recently, the Land Registry has started putting these records into digital format, using a database instead of pen and paper. Every property on the Land Registry has its own unique number to help identification.

Title Register

In legal terms, title means ownership. So, the title register is a list of who owns each piece of land or property throughout England and Wales. The extracts from the overall register which refer to your individual property are the deeds, and these are moved from owner to owner. There are three separate parts to the Title Register, which are:

• Property Register: this part of the register describes the property, laying out where the boundaries are, and usually includes a map. Using the description of the property along with the map is the first starting point in sorting out any boundary disputes or misunderstandings over who owns what. The title register will also hold details of rights of way or access over land, or what other restrictions – known as covenants – might apply.
• Proprietorship Register: this is the part of the register where you will find the name and address of the person who owns the property. It also records the price paid the last time the land was transferred, but this isn’t necessarily the same as its value.
• Charges Register: this section looks at any restrictions on the way properties are used, and lists any company which has a legal interest, known as a charge, over the property. This is usually the mortgage company. It might also detail things like rights of way or footpaths over the property.

Keeping Property Legal

Every property transaction in England and Wales has to go through the Land Registry. Until they have processed the paperwork associated with your sale or purchase, it has not legally completed. Once the Land Registry has completed the transaction the legal title, or ownership, passes officially to the new buyer. They will issue a new title register, and these are usually kept by either your lawyer, or your mortgage company as they have a charge over the property.

Once you have paid off your mortgage, it’s up to you what you do with the paperwork. Many homeowners aren’t comfortable with the idea of keeping important documents in their house. Many lawyers will offer secure storage for documents, or you can lodge them with your bank for safekeeping.