Title deeds are proof of ownership of a building and contain the various rules that apply to the building. Title deeds have been gradually computerised over the last 35 years and renamed as land certificates. However, as the land certificates are based on the original title deeds, there is little difference between them.
Title deeds to properties in Scotland have been computerised over the last 35 years and many are now found in the Land Register of Scotland. Many owners will have a ‘Land Certificate’ (a yellow booklet) showing the specific details of their property.
If a property is registered in the Land Register, anyone can now obtain a copy of the title sheet for the property on payment of a modest fee.
If the title to the particular property has not yet been recorded in the Land Register, then the title deeds (probably a bundle of documents dating back to the original sale) will usually be held by the lender if there is an existing mortgage over the property or by the owner or their solicitor.
Each land certificate (or Land Register entry as it is now called), and many title deeds, will have the following sections:
- a map showing the property boundaries
- a property section – a description of where the property is and a list of rights in common
- a proprietorship section – the owners name, amount paid for the property, and date of entry
- a charges section – a list of mortgagors etc.
- a burdens section – your building’s rules will be found here
