What is a Certificate of Title?

A Certificate of Title is an important legal document prepared during the conveyancing process to confirm that a property has a valid and marketable title.

It is usually completed by the buyer’s solicitor and sent to the mortgage lender once all pre-contract checks have been carried out.

The certificate reassures the lender that the property is suitable security for the mortgage, that no legal issues have been identified, and that the solicitor is satisfied that the transaction can proceed to completion.

Whether you are a first-time buyer or seller or an experienced homeowner, understanding the role of a Certificate of Title can help you anticipate potential delays and ensure the conveyancing process runs smoothly.

Please note this blog is for information purposes only and should not be taken as legal advice. Contact our conveyancing solicitors for expert legal advice on all matters related to conveyancing.

What is a Certificate of Title in conveyancing?

In conveyancing, a Certificate of Title is a formal document prepared by the buyer’s solicitor to confirm that the property being purchased has a good and marketable title. Mortgage lenders rely on this certificate before releasing funds for completion.

The document is only submitted once the solicitor has completed all necessary checks, including reviewing the legal title, investigating covenants and rights affecting the property, and ensuring any issues identified during the process have been resolved.

It assures the lender that the property poses no legal risk and that the transaction is ready to proceed. Without a Certificate of Title, mortgage funds cannot be released.

How do I get a Certificate of Title for my property?

A Certificate of Title is not something a homeowner obtains themselves. Instead, it is completed by the buyer’s solicitor during the conveyancing process, usually when purchasing a property with the assistance of a mortgage.

Once your solicitor has carried out all required legal checks and is satisfied that the property is suitable for mortgage lending, they will prepare and submit the Certificate of Title directly to your lender.

If you are selling a property, you do not need to request this document; it is only produced by the solicitor acting for the buyer. Your role is simply to provide any documents your solicitor requires to confirm the accuracy of the title being sold.

Is a Certificate of Title the same as a Title Register or Title Plan?

No, a Certificate of Title is different from a Title Register or Title Plan. The Title Register and Title Plan are official HM Land Registry documents that confirm ownership, boundaries and any rights or restrictions affecting the property.

These documents are available to homeowners at any time and form part of the standard conveyancing checks.

A Certificate of Title, however, is a report prepared by the buyer’s solicitor specifically for the mortgage lender.

It summarises the solicitor’s professional assessment of the property’s legal status and confirms that the title is suitable security for the mortgage. Although related, the documents serve different purposes within the transaction.

What information is included in a Certificate of Title?

A Certificate of Title typically includes confirmation that the property has a good and marketable title, details of any covenants, easements or restrictions affecting it, and assurance that the solicitor has reviewed all relevant documents.

It will also confirm that the agreed purchase price matches the mortgage offer and that no issues have been identified that could affect the lender’s security.

The certificate specifies the proposed completion date and confirms the amount of mortgage funds required. Its purpose is to provide the lender with confidence that all legal requirements have been met and that the purchase is ready to proceed safely.

Do I need a Certificate of Title to sell my house?

As a seller, you do not need to obtain a Certificate of Title. This document is produced by the buyer’s solicitor during the purchase process and is intended for the mortgage lender’s use.

Your responsibility is to supply your own solicitor with the required information and documents relating to the property, such as the title deeds, planning permissions, or leasehold details if applicable.

Your solicitor will then respond to enquiries raised by the buyer’s solicitor, enabling them to prepare the Certificate of Title once they are satisfied with the legal position. While sellers do not require the certificate themselves, delays can occur if essential documents are not provided promptly.

How much does it cost to get a copy of my Certificate of Title?

You cannot request or purchase a Certificate of Title yourself, as it is not a publicly available document. It is prepared solely for the mortgage lender by the buyer’s solicitor during the conveyancing process. As a result, there is no direct fee for obtaining a “copy,” as homeowners are not issued the certificate.

The cost is instead absorbed within the general legal fees paid to your solicitor for handling the conveyancing. If you require information about your property title, you can obtain the Title Register and Title Plan from HM Land Registry for a small fee.

Is a Certificate of Title required for a mortgage application?

Yes, if you are buying a property with a mortgage, a Certificate of Title is required before your lender will release the funds needed for completion. The document is submitted by your solicitor once they have completed all legal checks and confirmed that the property is acceptable as security for the mortgage.

Without this certificate, the lender cannot proceed, which may delay completion. For this reason, your solicitor will work to ensure all pre-completion checks are carried out efficiently so the Certificate of Title can be issued in good time.

How does a Certificate of Title prove ownership of a property?

A Certificate of Title does not itself prove ownership. Instead, it confirms that the solicitor has reviewed the official Land Registry documents and is satisfied that the seller has the legal right to transfer the property. Ownership is proven through the Title Register, which records who legally owns the property.

The Certificate of Title complements this by reassuring the mortgage lender that the title is valid, marketable, and free from issues that could affect the value or transferability of the property. It forms part of the legal due diligence required in a mortgage-backed transaction.

Speak to our conveyancing solicitors in Bristol

We are able to offer a free first consultation to answer any questions you might have about Certificates of Title and how they fit into the conveyancing process.

To book a free initial consultation with our specialist conveyancing solicitors in Chew Magna, Kingswood or Westbury-on-Trym, please get in touch today. You can use the contact details for each office or complete our online enquiry form to request a call back.