How To Resolve Title Deed Discrepancies With A Search?
Title deeds formally establish legal ownership of a property and define its size and boundaries. However, discrepancies can sometimes arise between what the title deeds state versus the actual property layout. When selling, even minor inconsistencies could derail a sale if not resolved. In such cases, a title deed search provides information to address and reconcile any differences. This guide covers common title deed problems, how searches help resolve them, the search process, and key steps to take to amend issues and enable sales to proceed.
Common Title Deed Issues
Typical title deed problems during a sale encompass boundary disputes, easement rights, missing benefits, incorrect measurements, structural changes, missing sections, and deeds that cannot be located. Even minor discrepancies can cause buyer unease, raising legal questions that may stall or jeopardise transactions. Title searches through the Land Registry offer crucial information to address and resolve these issues.
Title Deed Searches Help
Title deed searches provide essential details to reconcile discrepancies. They verify boundaries, confirm rights like access ways, update measurements, offer deed copies, record changes like extensions, and map the complete property footprint. A solicitor can request these searches and supplementary documentation to complement existing deeds.
Conducting a Title Search
The key steps in a title deed search involve locating the title number, instructing a solicitor, specifying search needs, the Land Registry conducting a search, providing results within 1-2 weeks, and the solicitor reviewing findings for necessary next steps.
How to Amend Title Deeds
Once searches identify and resolve discrepancies, the process to officially amend title deeds involves drafting an updated deed based on search evidence, submitting an amendment application to the Land Registry, their review, meeting legal requisites, issuing the updated deed, cancelling the old one, and informing relevant parties. This ensures legal property records align with the home being sold.
Using Title Insurance
For major title problems, title insurance covers legal fees, allows sales to proceed during issue resolution, provides buyer reassurance, and yields compensation for valid claims. While an additional expense, title insurance is advisable for safeguarding sales from potential deed-related problems until they are officially resolved.
Discrepancies between title deeds and the actual property can bring sales grinding to a halt. But by appreciating common issues, understanding how title searches, including the title deed search UK, provide clarifying information, following the proper search process via a solicitor, taking necessary steps to officially amend deeds, and considering title insurance, sellers can resolve problems in a compliant legal manner. While notices from buyers about title inconsistencies can be worrying initially, title searches help remove uncertainty by supplying evidence and documentation that aligns records with realities. With the power of information from searches, sellers can rectify deed issues, close out discrepancies fully with authorities, and achieve sales completion rather than lose transactions entirely.