Title Deeds Request

gillydee

Hi all,

I've recently requested a copy of the deeds to my property from the land register using the Title Number in my mortgage agreements.

I recieved an email from the registry stating that due to the size of the documents, they are having to send them by post as opposed to email. This confused me as I don't remember signing any lengthy documents so I double checked the draft forms the solicitor sent me originally when I bought the property and I came across a phrase which has confused me. It states, when describing the property-

I hereby, grant a standard security over ALL and WHOLE the dwellinghouse and garden ground pertaining thereto shown outlined red and coloured orange and yellow on the plan annexed and executed as relative hereto which subjects shall be known as No 1, Street, Town, Post Code and being PART and PORTION of the subjects
registered in the Land Register of Scotland under Title Number XYZ123456 (hereinafter referred to as the ‘Property’)

Ive edited out the address and title number but, what confused me is the wording "PART and PORTION of the subjects"

What does this mean? So my property doesn't have it's own Title Deeds? It led to me thinking, in Scotland, England and Wales, is it possible to buy a property, i.e dwelling house, but not actually buy the land it is built on? Do I therefore own the house and garden...but not the land it sits on? Is this why the Title Deeds are so large? Have I inadvertently asked for the Title Deeds to the whole development as a whole and not my own house?

Thanks in advance,

davidmcn

No, it just means it didn't already have its own title number at the time you bought it - the Land Register doesn't split the development title and create your own title sheet until it's received your application, which doesn't happen until after settlement.

If you gave the Land Register the development title number then they're not sending you your property's title, they're sending you whatever the developer has left of their title. If you don't have a note of your own title number from solicitors' correspondence (probably not if you don't already have a copy of your title sheet) then you'll need to ask the Land Register to search for it (probably easiest from your postal address).

gillydee

Thanks David,

If the land register doesn't split the development title until after settlement and I have submitted a title number given to me from before settlement, does this make a difference?

Thanks in advance,

davidmcn

gillydee wrote: »

If the land register doesn't split the development title until after settlement and I have submitted a title number given to me from before settlement, does this make a difference?

No. The developer's title number covers whatever they bought, as plots are sold they are subtracted from it. The title sheet which is on its way to you will show whatever currently remains (unsold plots, roads, amenity areas etc).