What Happens During a Property Title Check

Table of Contents

• Why a Property Title Check Matters
• The Property Title Check Process: Step by Step
  • Step 1: Obtain and Review the Title Register and Deeds
  • Step 2: Conduct Official Searches
  • Step 3: Verify Ownership and Check for Disputes
• Understanding Restrictive Covenants on Property
• How Long Does Conveyancing Take
• Conveyancing Searches Checklist
• Red Flags and Issues Found During Title Checks
• What to Do If Problems Are Identified
• Conclusion
• Frequently Asked Questions

Last Updated: September 1, 2026

Why a Property Title Check Matters

A property title check is your legal protection against hidden claims, disputes, or defects that could compromise your ownership. Without it, you could inherit someone else's debt, discover the property is subject to restrictions you didn't know about, or find yourself in a legal battle over who actually owns what you thought you'd bought.

The title check process verifies that the seller has the legal right to sell the property and that the property is free from encumbrances that would affect your use or enjoyment of it. This is why conveyancers and solicitors spend considerable time examining title documents before completion. A property title check isn't just a formality, it's the foundation of a secure property transaction.

At UKC Legal, a thorough title check can identify issues early, saving clients from costly disputes months or years after purchase. Whether you're a first-time buyer in Norwich or an experienced property investor, understanding what happens during this process gives you confidence that your investment is protected.

The Property Title Check Process: Step by Step

The property title check unfolds in a methodical sequence designed to verify ownership, identify restrictions, and flag any legal issues before contracts are exchanged. Each step builds on the previous one, creating a comprehensive picture of the property's legal status. Here's how conveyancers and solicitors approach this critical task.

Step 1: Obtain and Review the Title Register and Deeds

The first action is to obtain the official title documents from HM Land Registry. For registered properties, this means requesting the title register, a detailed record showing ownership history, any mortgages, charges, and restrictions affecting the property. For unregistered properties (older homes, particularly common in some parts of the country), the conveyancer will request the deeds from the seller's solicitor.

Reviewing the title register reveals the registered proprietor's name, the legal description of the property, and any entries that affect it. The conveyancer checks whether the seller matches the registered owner and whether any third-party interests (such as a spouse's interest or an outstanding mortgage) require attention before completion.

Deeds for unregistered properties provide a chain of ownership going back at least 15 years, sometimes much longer. The conveyancer traces this chain to confirm no gaps exist and that each transfer was properly executed. This step is crucial because any break in the chain or irregularity in how a previous sale was documented could cast doubt on the current seller's legal right to sell.

Step 2: Conduct Official Searches

Official searches are enquiries made to local authorities and other bodies to uncover information that won't appear on the title register. These searches reveal planning history, building regulation approvals, environmental risks, flood risks, and whether the local authority has any outstanding enforcement notices against the property.

A conveyancer will typically order:

• Local authority search - confirms planning permissions, building control approvals, and any enforcement action
• Water and drainage search - verifies the property is connected to mains water and sewerage
• Environmental search - identifies potential contamination or environmental concerns
• Flood risk search - assesses flood risk from rivers and surface water
• Coal mining search - for properties in coal mining areas, confirms whether subsidence risk exists

These searches take 5-10 working days typically. If any search reveals a concern, such as a property built without planning permission or in a high flood risk zone, the conveyancer will investigate further and advise you of the implications before you proceed.

Step 3: Verify Ownership and Check for Disputes

Once the title register and deeds are reviewed, the conveyancer verifies that the person selling the property is genuinely the legal owner. This involves checking that:

• The registered proprietor's name matches the seller's name exactly
• Any changes of ownership in recent years were properly documented
• No other party has registered a claim against the property (such as a spouse claiming matrimonial rights)

The conveyancer also searches for any disputes or claims that might affect the property. This includes checking whether the property is subject to any cautions, restrictions, or third-party interests that would need to be discharged before completion.

For properties with multiple owners, the conveyancer confirms that all owners are party to the sale and that the property is being sold with the consent of everyone with a legal interest in it.

Understanding Restrictive Covenants on Property

Restrictive covenants are legal obligations that "run with the land", meaning they bind every owner, not just the original parties who created them. A restrictive covenant typically restricts how you can use the property. Common examples include prohibitions on running a business from the property, keeping animals, or building extensions without the consent of a named person or organisation.

When a conveyancer discovers a restrictive covenant during the title check, they assess whether it's enforceable and whether it will materially affect your use of the property. Some covenants are decades old and no longer enforced. Others are actively managed by the person or body with the benefit of the covenant.

If a restrictive covenant exists and could affect your plans, for example, if you intend to run a home business but the covenant prohibits commercial use, your conveyancer will advise you of the risk. You may choose to proceed anyway, obtain the consent of the person with the benefit of the covenant, or take out insurance to protect against the covenant being enforced against you.

Understanding restrictive covenants is particularly important if you're planning renovations, extensions, or a change of use. Ignoring a restrictive covenant and breaching it could result in legal action to force you to undo the work or pay damages.

How Long Does Conveyancing Take

The conveyancing timeline varies depending on whether the property is freehold or leasehold, whether it's part of a chain, and whether any complications arise during the title check. Most straightforward freehold transactions complete within 4-6 weeks from instruction to completion. Leasehold properties typically take 7-10 weeks because additional checks on the lease and management company are required.

Several factors can extend the timeline:

• Chain delays - if you're part of a property chain, you move only as fast as the slowest transaction
• Title issues - if the title check uncovers problems, resolving them adds time
• Mortgage lender requirements - some lenders request additional information or searches
• Survey issues - if your surveyor identifies structural concerns, resolving them with the seller takes time
• Leasehold complications - obtaining landlord's consent or resolving lease issues can delay completion

A dedicated conveyancer keeps the process moving by managing searches, liaising with the seller's solicitor, and progressing matters in parallel where possible. At UKC Legal, our case handlers maintain regular contact with all parties to identify and resolve issues quickly, helping keep transactions on track.

Conveyancing Searches Checklist

Before completion, your conveyancer will have ordered and reviewed a comprehensive set of searches. Here's what a thorough conveyancing searches checklist includes:

Each search serves a specific purpose in the property title check process. Missing or incomplete searches could leave you exposed to undiscovered problems after completion. Your conveyancer ensures all relevant searches are ordered based on the property's location and characteristics.

Red Flags and Issues Found During Title Checks

During the property title check, conveyancers look for specific red flags that signal potential problems. Identifying these early allows you to make an informed decision before committing to the purchase.

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Common red flags include:

Missing or incomplete title documents - If the seller cannot provide a complete chain of ownership or if deeds are missing, this creates uncertainty about the legal ownership. In some cases, you may need to obtain indemnity insurance to protect against a future claim.

Unregistered properties with gaps in the chain - A break in the ownership chain going back 15 years means you cannot prove clear title. This requires investigation and potentially insurance.

Outstanding mortgages or charges - If a previous mortgage hasn't been formally discharged, the lender's charge remains on the title. The seller must discharge this before completion, but failure to do so could mean the lender has a claim against you.

Restrictive covenants affecting your intended use - If you plan to run a business or make alterations but a covenant prohibits this, you need to address it before completion.

Planning breaches - If the property or an extension was built without planning permission or building regulation approval, this is a significant issue. The local authority could require the work to be removed or regularised.

Adverse possession claims - In rare cases, someone else may have registered a claim to part of the property based on long-term occupation. This must be resolved before you can take possession.

Flood risk or environmental concerns - High flood risk or evidence of past contamination doesn't necessarily prevent purchase, but it affects insurance, resale value, and your use of the property.

Shared services or rights issues - If the property depends on a right of way over someone else's land or shares drainage with a neighbour, ensure the right is properly documented and not at risk of being withdrawn.

What to Do If Problems Are Identified

If the property title check uncovers a problem, your conveyancer will advise you of your options. The approach depends on the nature and severity of the issue.

For minor issues - Some problems can be resolved quickly. For example, if a mortgage hasn't been formally discharged, the seller's lender can provide a discharge certificate before completion. Your conveyancer arranges this with the seller's solicitor.

For restrictive covenants or missing consents - You can ask the seller to obtain consent from the person or organisation with the benefit of the covenant. If they refuse or consent cannot be obtained, you can proceed with indemnity insurance, which protects you against the covenant being enforced.

For title defects - If ownership cannot be clearly proven, indemnity insurance protects you against a future claim. Your conveyancer will advise whether the premium is reasonable and whether the risk is acceptable.

For planning or building regulation breaches - You may ask the local authority to regularise the work retrospectively, request indemnity insurance, or renegotiate the purchase price to reflect the risk. In some cases, the breach is so serious that proceeding is not advisable.

For environmental or flood concerns - These typically don't prevent purchase but affect insurance premiums and future resale value. Your conveyancer helps you understand the implications and factor them into your decision.

Your conveyancer's role is to identify these issues early, explain them clearly, and help you make an informed decision. At UKC Legal, our solicitors and licensed conveyancers have the expertise to spot problems. We ensure you understand the implications and explore all available solutions before you commit to the purchase.

Conclusion

A property title check is a methodical process that protects you from inheriting legal problems with your new home. From obtaining the title register and conducting official searches to verifying ownership and identifying red flags, each step serves a specific purpose in confirming that the property is yours to buy and free from hidden claims.

Understanding what happens during this process, and why it matters, gives you confidence in your purchase decision. Whether you're buying your first home in Norwich or remortgaging an existing property, a thorough title check is non-negotiable.

If you're buying, selling, remortgaging, or transferring equity, the property title check is just one part of a comprehensive conveyancing process. At UKC Legal, our dedicated case handlers manage every aspect of your transaction with transparent fixed fees and regular updates. We identify legal issues early, resolve them efficiently, and keep your transaction on track from instruction to completion. GET A QUOTE and let our experienced SRA solicitors and licensed conveyancers guide you through your property purchase or property sale with confidence.

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