Before the introduction of the the Land Register, and title documents, title deeds were the primary method to demonstrate property ownership in Scotland.
Title deeds were often elaborate handwritten documents, describing the property in a narrative style and might reference physical landmarks or neighbouring properties to outline boundaries. They told the historical story of a property, detailing past ownerships, rights, and obligations that relate to it.
Title deeds were recorded in the General Register of Sasines, the oldest national public land register in the world.
What information do Title Deeds contain?
- Chain of Ownership: The title deeds will show a sequence of ownership transfers, from one person to the next, over the years. This can be quite fascinating, as it tells the history of who owned the property in the past.
- Rights and Obligations: These deeds may also detail any rights that come with the property (like a right of way) or burdens (like maintenance of a shared wall). Such rights and obligations can be crucial for a homeowner to be aware of before making a purchase.
- Mortgages or Charges: If there was a mortgage or any loan secured against the property in the past, the title deeds would provide evidence of this.
While title deeds are still important today, the information they carry is being systematically recorded in the modern, map-based Land Register of Scotland. This Register provides a clearer, more definitive record of property ownership and related details.
When a property is added to this new Register, its historical title deeds are usually referenced to create a new Title Sheet and accompanying Title Plan, which together offer a comprehensive and clear view of the property’s ownership, boundaries, rights, and obligations. Together, these documents are are known as Title Documents.
However, even with the new system, it’s beneficial for homeowners, including first-time buyers, to be aware of and understand their property’s title deeds, as they are an essential part of many properties legal history.