Unregistered land - Role of title deeds

Learning Outcomes

This article outlines the role of title deeds and key mechanisms in unregistered land, including:

• understanding how title deeds function as primary evidence of ownership, and how title is deduced through a coherent chain of historical conveyances and other instruments in unregistered land transactions;
• identifying the requirements for a good root of title, assessing whether a particular deed is suitable as a root, and recognising features that make a deed defective or unreliable;
• distinguishing between an abstract and an epitome of title, evaluating when each is appropriate, and determining whether the documents produced sufficiently evidence the chain of ownership and discharge of past interests;
• applying the doctrine of notice and the rules on overreaching to establish when equitable interests will bind a purchaser or be successfully detached from the land;
• analysing the effect of registration and non-registration under the Land Charges Act 1972, with emphasis on the main classes of registrable land charges and their priority consequences;
• planning and executing practical steps for investigating title, carrying out accurate Land Charges searches against all relevant names, and addressing gaps, defects or missing deeds using enquiries, statutory declarations, or title insurance;
• recognising the main triggers for compulsory first registration, evaluating whether a prior disposition should already have been registered, and explaining the consequences and remedial options where registration has not been effected after completion.

SQE1 Syllabus

For SQE1, you are required to understand the role of title deeds in unregistered land and related doctrines and registration requirements, with a focus on the following syllabus points:

• the function of title deeds in unregistered land transactions
• the concept of a good root of title and its requirements
• how the doctrine of notice operates in unregistered land
• the effect of the Land Charges Act 1972 and registration of land charges
• practical steps in investigating title and resolving common problems
• overreaching of beneficial interests held under a trust when purchase money is paid to two trustees
• triggers for first registration and consequences of failing to register

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is a "good root of title" and why is it important in unregistered land?
2. How does the doctrine of notice affect whether an equitable interest binds a purchaser of unregistered land?
3. What is the effect of failing to register a registrable land charge under the Land Charges Act 1972?
4. What practical steps should a buyer’s solicitor take when investigating title to unregistered land?

Introduction

In unregistered land, title deeds are the primary evidence of ownership and rights. Unlike registered land, where the Land Registry provides a central record, unregistered land relies on a chain of historical documents. Understanding how title deeds operate, how title is proven, and how third-party rights are protected is essential for SQE1. In the unregistered system, title to the legal estate passes on completion when the purchase money is paid and the transfer deed is delivered; registration is not the mechanism for passing title but a post-completion step when first registration is triggered. The buyer therefore must be satisfied, before exchange and completion, that the seller can deduce a good title through the deeds, and that any third-party rights that could bind the buyer are either properly protected or have been addressed.

Title deeds and proof of ownership

Title deeds are the documents that collectively show the history of ownership and rights over a parcel of unregistered land. When a property is sold, the seller must prove their right to sell by producing these deeds.

Key Term: title deeds
The collection of documents evidencing the ownership and history of rights affecting unregistered land.

Typical deeds and instruments that may appear in an epitome of title include:

• a conveyance on sale (transferring a freehold title for valuable consideration)
• a deed of gift (gratuitous transfer)
• a mortgage deed (creating and evidencing a lender’s charge)
• an assent (transfer from personal representatives to beneficiaries on death)
• releases or variations (e.g. partial releases of covenants or easements)
• plans and agreements referenced by the deeds.

Each must be checked for proper execution, attestation, dating, and any attached plan that adequately identifies the land. Where relevant, historic stamp duty should be evident on older instruments. The buyer’s solicitor will review the deeds to ensure there is an unbroken chain of ownership and that the seller can give "good title." This process is known as deducing title.

Key Term: conveyance
A deed transferring legal ownership of freehold unregistered land for value; commonly used as a good root of title.

Good root of title

A good root of title is the starting point for proving ownership in unregistered land. It is usually a conveyance by deed that is at least 15 years old and shows the seller’s right to the whole legal and equitable interest in the property.

Key Term: good root of title
A deed at least 15 years old that starts an unbroken chain of ownership and does not cast doubt on the title.

The good root should:

• deal with or show a right to the whole legal and equitable estate in the land being sold
• contain a clear description of the property (preferably with a plan if appropriate)
• be free from reservations, conditions or matters that cast doubt on ownership, such as recitals indicating a trust that has not been properly discharged
• ideally be a conveyance on sale, rather than a deed of gift (because title is likely to have been investigated at the time of purchase).

It is poor practice for a good root to require reference to earlier instruments to establish the estate (e.g. “as shown by conveyance dated…”), as that can complicate proof of title. If the suggested root is defective, the buyer can require an alternative root or additional evidence to cure any deficiency.

Abstract and epitome of title

The seller’s solicitor will prepare an abstract or epitome of title—a summary and copies of all relevant deeds from the good root up to the present. This allows the buyer’s solicitor to check for gaps, defects, or adverse interests.

Key Term: abstract of title
A summary of the deeds and documents showing the history of ownership and rights affecting unregistered land.

Key Term: epitome of title
A chronological bundle of copies of all relevant title deeds and documents, provided to the buyer’s solicitor.

An epitome typically contains certified or attested copies of each deed forming the chain, with any plan, schedule, or referenced instrument annexed. Its function is to demonstrate a clear chain from the good root to the current owner, including evidence that conditions, mortgages and equitable interests shown in earlier deeds have been discharged or overreached where necessary.

Investigating title in unregistered land

The buyer’s solicitor must ensure that:

• the seller has a good root of title
• there is an unbroken chain of ownership from the good root to the seller
• all relevant documents are present and properly executed
• there are no undisclosed adverse interests or defects
• any interest that should have been protected by registration as a land charge has either been properly registered or can be removed or insured against
• first registration has not been triggered by a prior event that was overlooked.

Key checks and enquiries include:

• confirming that the deeds show a continuous chain with effective legal transfers and/or assents
• reconciling names across documents (e.g. maiden name to married name; deed poll changes; corporate name changes), and obtaining evidence of change (e.g. marriage certificate)
• checking that historic mortgages shown by earlier deeds have been redeemed (and that any relevant releases are produced)
• where occupation indicates possible rights (e.g. a spouse or lodger), making enquiries to identify any beneficial interests under a trust
• conducting Land Charges searches against the accurate full names of all estate owners revealed from the good root onwards, and any earlier estate owners where adverse interests might be registered
• confirming whether a previous disposition triggered compulsory first registration (e.g. a transfer on sale of the freehold, an assent, a deed of gift, or the grant/assignment of a lease exceeding seven years). If so, the seller should have applied for registration; the buyer may insist that the seller perfects title by procuring registration before completion.

If any documents are missing or ambiguous, the solicitor may need to raise enquiries, seek statutory declarations to explain missing evidence, or obtain title insurance.

Common problems

• Missing deeds: If a deed is lost, the seller may need to provide a statutory declaration of due execution and continuous possession, supply secondary evidence from parties to the transaction, or obtain indemnity insurance. If the title is later registered, a possessory class of title may be awarded, which can usually be upgraded after 12 years if no adverse claims arise.
• Ambiguous descriptions: If the property description is unclear, extrinsic evidence or a new plan may be needed. Plans should be to scale, identify boundaries, and be consistent with physical occupation.
• Gaps in the chain: Any unexplained break in ownership must be resolved before completion. This may require evidence of transmission on death (grant of probate; assent), evidence of company succession (merger or name change), or rectification of a deed.
• Undischarged mortgages: Where earlier mortgage deeds appear in the chain, insist on evidence of redemption and releases. If a mortgage exists but the lender has ceased trading, consider insurance or an application for a vesting order depending on circumstances.

The doctrine of notice and third-party rights

Unregistered land is governed by the doctrine of notice for most equitable interests. This determines whether a purchaser is bound by an equitable right.

Key Term: doctrine of notice
A purchaser of unregistered land is bound by an equitable interest if they have actual, constructive, or imputed notice of it.

• Actual notice: The purchaser actually knows of the interest.
• Constructive notice: The purchaser would have discovered the interest by making reasonable enquiries or inspecting the property and title. Reasonable enquiries include inspection of occupation and asking occupiers about their rights or claims.
• Imputed notice: The purchaser’s solicitor or agent knows of the interest, and this knowledge is attributed to the purchaser.

If the purchaser is a bona fide purchaser for value of a legal estate without notice, they take free of the equitable interest.

Key Term: bona fide purchaser for value without notice
A person who acquires a legal estate for value, in good faith, and without actual, constructive, or imputed notice of an equitable interest.

Beneficial interests under a trust (whenever created) cannot be protected by Land Charges registration and rely on the doctrine of notice, subject to the statutory mechanism of overreaching. Older equitable rights created before 1926 may also be governed by the doctrine of notice. By contrast, post‑1925 equitable rights that are registrable as land charges are governed by the Land Charges Act regime and do not depend on notice to bind a buyer.

Key Term: overreaching
A statutory mechanism by which certain beneficial interests under a trust are detached from the land and attach instead to the purchase money when paid to at least two trustees or a trust corporation; the buyer then takes free of those beneficial interests.

If purchase money is paid to two trustees (or a trust corporation), the equitable interests of beneficiaries under a trust are overreached. If money is paid to a single trustee, overreaching fails and a beneficial interest may bind the buyer under the doctrine of notice if the buyer is not Equity’s Darling.

Land Charges Act 1972 and registration

Some equitable interests must be registered as land charges under the Land Charges Act 1972. These include estate contracts, restrictive covenants, and equitable easements created after 1925, and certain legal interests such as puisne mortgages.

Key Term: land charge
A registrable interest affecting unregistered land, which must be registered against the name of the estate owner to bind a purchaser.

Key Term: puisne mortgage
A legal mortgage of unregistered land not protected by deposit of title deeds, registrable as a Class C(i) land charge against the estate owner’s name.

Registration is against the full name of the estate owner as it appears in the deeds. Best practice is to search against all variations of names (e.g. maiden name, any aliases, previous corporate names), because registration against a different version of the name may still bind a buyer if the buyer does not search that version. A Land Charges search certificate is conclusive in favour of a buyer for the names searched.

If a registrable land charge is not registered, it is void against a purchaser of the legal estate for value, even if the purchaser knows of it. Registration constitutes deemed actual notice to all persons from the date of registration.

Worked Example 1.1

A buyer is purchasing an unregistered house. The seller provides a conveyance from 20 years ago as the good root of title, but there is a missing deed from 10 years ago. Can the buyer insist on seeing the missing deed?

Answer:
Yes. The buyer’s solicitor must see an unbroken chain of title from the good root to the seller. If a deed is missing, the buyer can insist on seeing it or require the seller to provide evidence (such as a statutory declaration) to explain the gap.

Worked Example 1.2

A restrictive covenant created in 1970 affecting unregistered land was not registered as a land charge. The land is sold to a purchaser for value. Is the purchaser bound?

Answer:
No. If a registrable land charge (such as a post-1925 restrictive covenant) is not registered, it is void against a purchaser of the legal estate for value, even if the purchaser has notice.

Worked Example 1.3

A wife has a beneficial interest in the family home but is not on the title deeds. The buyer’s solicitor notices her belongings in the house during inspection. Is the buyer bound by her interest?

Answer:
Likely yes. The buyer has constructive notice of her equitable interest due to evidence of occupation. The buyer should make further enquiries. If the buyer fails to do so, they may be bound by her interest.

Worked Example 1.4

A buyer pays the purchase price to a single trustee of unregistered land. The trustee’s spouse has a beneficial interest under a trust arising from contributions. Will the buyer take free of the spouse’s interest?

Answer:
Not necessarily. Overreaching requires payment to at least two trustees or a trust corporation. Payment to a single trustee will not overreach, so the spouse’s beneficial interest may bind the buyer under the doctrine of notice unless the buyer is a bona fide purchaser for value of a legal estate without notice.

Worked Example 1.5

Before completion, the buyer’s solicitor searches the Land Charges Register only against the seller’s married name. After completion, an equitable easement registered years ago against the seller’s maiden name emerges. Is the buyer bound?

Answer:
Yes, likely. Land charges are registered against the estate owner’s name as it appears in the deeds. A search certificate is conclusive only for the names searched. Failure to search against all relevant versions of the seller’s name can leave the buyer bound by a charge registered against an earlier or different name.

Practical steps in unregistered land transactions

• Review all title deeds from the good root to the present, confirming proper execution, attestation, and clear property description or plan.
• Check for gaps, defects, or adverse entries and reconcile name changes across the chain of title.
• Search the Land Charges Register against the names of all estate owners since the good root, including any variations (maiden names, former corporate names, aliases).
• Inspect the property for evidence of occupation or third-party rights; make enquiries of occupiers and the seller about any rights or claims.
• Raise requisitions where documents are missing, mortgages appear undischarged, or circumstances indicate possible equitable interests.
• Address beneficial interests by ensuring purchase money is paid to two trustees or a trust corporation to overreach those interests.
• Consider statutory declarations or title insurance where reasonable documentary proof cannot be obtained.
• Check whether any prior disposition triggered first registration (e.g. a conveyance on sale of the freehold, deed of gift, assent, grant/assignment of a lease over seven years). If so, require the seller to register the title before completion or agree a suitable mechanism to perfect title post-completion.
• Ensure first registration is applied for within the statutory time limit after completion where a trigger has occurred.

Exam Warning

If a registrable land charge is not registered, it is void against a purchaser for value, even if the purchaser has actual notice. Do not confuse this with the doctrine of notice for non-registrable equitable interests.

Revision Tip

When reviewing title deeds, always check that each transfer is properly executed and that there are no unexplained breaks in the chain of ownership. Search the Land Charges Register against all variations of names revealed in the epitome—not just the current name—and ensure purchase money is paid to two trustees to overreach any beneficial interests.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• Title deeds are the main evidence of ownership in unregistered land.
• A good root of title is a deed at least 15 years old, starting an unbroken chain of ownership and not casting doubt on title.
• The buyer’s solicitor must investigate the title by reviewing all deeds from the good root to the present and ensuring proper execution and clear description.
• The doctrine of notice determines whether an equitable interest binds a purchaser, unless the interest is registrable as a land charge.
• Registrable land charges must be registered to bind a purchaser; if not registered, they are void against a purchaser for value.
• Land Charges registration is against the estate owner’s name; searches must cover all relevant variations of names revealed by the deeds.
• Beneficial interests under a trust can be overreached if purchase money is paid to at least two trustees or a trust corporation; payment to a single trustee risks binding the buyer under the doctrine of notice.
• Practical steps include reviewing deeds, searching the Land Charges Register comprehensively, inspecting the property, raising requisitions, and resolving any gaps or defects before completion.
• Identify whether first registration has been triggered by a prior event and ensure that registration is effected within the statutory timeframe.

Key Terms and Concepts

• title deeds
• good root of title
• abstract of title
• epitome of title
• doctrine of notice
• bona fide purchaser for value without notice
• land charge
• conveyance
• puisne mortgage
• overreaching