Title and legal problems rarely stop a sale altogether, but they can slow it down, put off buyers who need a mortgage and add costs such as indemnity insurance or a registration application, so timelines are often longer and buyers may reflect the problem in their offer. This page describes England and Wales, where land is registered with HM Land Registry. Scotland and Northern Ireland have their own land registration systems and rules.
What counts as a title problem?
“Title” means your legal ownership of the property and everything recorded about it. The problems that most often cause delays are:
- land that has never been registered with HM Land Registry
- missing or destroyed deeds
- restrictive covenants that have been, or may have been, breached
- building work without planning permission or building regulations sign-off
- unclear boundaries or a dispute with a neighbour
A buyer’s solicitor, and the buyer’s lender, need to be satisfied that the buyer will get good ownership and that nothing will come back to cause problems. Anything that cannot be confirmed has to be resolved, insured against or priced in.
What if my home is not registered with HM Land Registry?
Some properties, often those that have not changed hands for many years, are still unregistered, with ownership proved by paper deeds.
Under the Land Registration Act 2002, a sale of unregistered land triggers compulsory first registration. The buyer must apply within 2 months of completion. If they do not, the transfer becomes void as far as the legal title is concerned, which is why buyers’ solicitors take this seriously.
You can also register voluntarily before you sell, which lets you sort out any problems in advance rather than in the middle of a sale. HM Land Registry reduces its fee by at least 25% for voluntary first registration. Your solicitor can advise whether that is worthwhile for your property. If you are selling as an executor, our page on selling an inherited property explains how this fits with probate.
What if the deeds are lost?
HM Land Registry has a set process for first registration where deeds have been lost or destroyed. You need to give a full, factual account of how the deeds were lost, plus whatever evidence of ownership is available, such as certified copies, statutory declarations and records of occupation.
In most such cases HM Land Registry will grant only a possessory title, rather than the absolute title that is normal for registered land. It may grant absolute title where a conveyancer, bank or building society confirms the deeds were lost while in its custody. A possessory title can later be upgraded if better evidence emerges, and HM Land Registry may ask for an Ordnance Survey inspection of the land, for which a fee may be payable.
A possessory title can make some buyers’ solicitors and lenders cautious, and indemnity insurance is sometimes used to cover the risk. Allow extra time.
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What about restrictive covenants?
A restrictive covenant is a legally binding restriction on land, often imposed when land was sold, for example to prevent business use, prevent building, or control the style or size of buildings. Your title register or deeds will show any covenants that affect your home.
If a covenant has been breached, for instance by an extension, there are three broad options:
- Indemnity insurance, which covers the financial risk of someone enforcing the covenant. It may suit a breach that is old where nobody appears able to enforce it.
- Agreement or release from the person with the benefit of the covenant, if they can be found.
- An application to the Upper Tribunal (Lands Chamber), which can discharge or modify a restrictive covenant under section 84 of the Law of Property Act 1925. This takes time and involves notifying people with the benefit of the covenant.
What if work was done without planning permission or building regulations approval?
The TA6 form asks about alterations and whether planning permission, building regulations approval or competent person certificates were obtained. GOV.UK warns that without building regulations approval you will not have the certificates of compliance you may need when you sell, and that building control could make you pay to fix faulty work.
Possible routes include:
- Regularisation. In England and Wales, the owner can apply to building control for a regularisation certificate for unauthorised building work. Building control may ask for work to be opened up for inspection, and further work may be needed.
- Planning enforcement time limits. In England, for breaches from 25 April 2024 onwards, councils have 10 years to take enforcement action. Where building work was substantially completed, or a change of use to a single home was made, before that date, the previous 4-year limit still applies. In Wales, the 4-year limit still applies to building work and changes of use to a dwelling, with 10 years for most other breaches.
- Indemnity insurance, which may be available for older missing consents.
Talk to your solicitor before contacting the council about old work, because that can affect whether indemnity insurance is available.
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What about boundary disputes?
The TA6 form asks who is responsible for boundaries, whether they have changed and about any past or current disputes with neighbours. It also asks about issues you are concerned about even if nothing has been said or done yet.
GOV.UK explains that most title plans do not show exact boundaries. Where the position matters, neighbours can agree the boundary in writing or apply to HM Land Registry for a determined boundary. An unresolved dispute is a real concern for buyers, so it is usually worth trying to settle it, or at least documenting it clearly, before you sell.
How long will it take?
Longer than a straightforward sale. Registration applications, correspondence with other parties, tribunal applications and insurance underwriting all add time. Start gathering documents early. Our checklist of documents you need to sell is a good starting point, and our guide to how quick house sales work explains the stages.
How do cash buyers approach title problems?
A cash buyer does not need a lender to approve the title, and some investors are used to dealing with these issues. Their solicitors will still need to be satisfied, so the problem must be understood even if it is not fully solved.
Buyers will price in the cost of putting things right, the time it takes and any remaining risk. Offers for a home with an unresolved title problem are usually below the price of an equivalent home with a clean title, and a quick sale generally means accepting less than full market value. Some title problems are cheap and simple to fix, so ask your solicitor about the options before accepting a large discount.
If you would like to see what buyers on our panel might offer, you can get offers for my home. It is free and there is no obligation, and it helps to tell buyers about the issue at the start.
Common questions
Can I sell a house that is not registered with HM Land Registry?
Yes. A sale of unregistered land in England and Wales triggers compulsory first registration, which the buyer must apply for within 2 months of completion. You can also register voluntarily before selling, which can make the process smoother, and HM Land Registry charges a reduced fee for voluntary first registration.
What is title indemnity insurance?
It is a one-off insurance policy that covers a specific legal risk, such as a missing consent or a possible breach of a restrictive covenant. It is usually arranged through the solicitors. It protects against the financial effect of the risk but does not fix the underlying problem. Ask your solicitor before approaching the council or anyone else about the issue, because that can affect whether a policy is available.
How long does the council have to take planning enforcement action?
In England, for breaches from 25 April 2024 onwards, the general time limit is 10 years. For building work substantially completed, or a change of use to a single home made, before that date, the previous 4-year limit still applies. In Wales, the 4-year limit still applies to building work and changes of use to a dwelling.
Do I have to tell buyers about a boundary dispute?
Yes. The Law Society's TA6 form asks about past and current disputes with neighbours, and about any issues you are concerned about even if nothing has been said or done yet. Buyers can claim compensation after completion if you give misleading information.
Related guides
- Selling an inherited or probate property quickly Grants of probate, confirmation, council tax, tax and executor duties.
- Selling a house with Japanese knotweed The TA6 question, RICS management categories and treatment plans explained.
- Documents you need to sell a house A checklist of the paperwork for a sale, and where to find it.
- How a quick house sale works, step by step Every step of a quick sale, from first enquiry to completion day.