Auction Property Title Register Explained

The official copy of the register of title — the title register — is in every auction legal pack. It's the foundational document that proves who owns the property, under what conditions, and what obligations are attached to the land. Understanding what it says before you bid is not optional.

This guide explains every section of the title register in plain English: what each entry means, what signals a problem, and what PackCheck analyses automatically across the thousands of packs it processes.

What Is the Title Register?

In England and Wales, most property ownership is registered at HM Land Registry. When you search for a property, Land Registry returns an "official copy of the register of title" — a document that records the legal position of the property at the date it was obtained.

The title register has three parts, each covering a different aspect of the property's legal status:

1. Property Register (A Section) — describes the land
2. Proprietorship Register (B Section) — records the owner
3. Charges Register (C Section) — records everything that affects the title

Section A: The Property Register

The Property Register describes what land is included in the title. Key information here:

Title Number

A unique identifier for this specific registered title. There will be one title number for freehold land and potentially a separate one for any leasehold interest. If a property has been subdivided, neighbouring plots may have separate title numbers.

Description of the Land

The address and a description of what's included in the title — "the freehold land shown edged with red on the plan" or similar. Compare this to the title plan to ensure the description matches what you think you're buying.

Title Plan Reference

The Property Register references the title plan, which is a separate document showing the boundaries of the registered title on an Ordnance Survey base map. Always read the title plan alongside the Property Register. The red edging on the plan shows the boundary of the title — and this may differ from the physical fences or walls on the ground.

Rights and Easements Benefiting the Property

Rights that the property has over other land — for example, a right of way over a neighbouring path, or a right to connect to a drain running through adjacent land. These are beneficial rights that add to what you're buying.

Things to check: Are any rights stated as limited or conditional? Are there rights the property needs that aren't mentioned (e.g., access over neighbouring land that has no formal easement)?

Leasehold Particulars (Leasehold Titles)

If the title is leasehold, the Property Register will contain the particulars of the lease: the date, the parties, the term, and the annual rent. The lease term shown here is the original term — to find the remaining term, subtract the number of years since the lease was granted. For example, a 125-year lease granted in 1990 has approximately 89 years remaining in 2026.

Section B: The Proprietorship Register

This is the ownership section. It tells you who owns the property and with what quality of title.

Title Quality: Absolute vs Possessory vs Qualified

The most important item in this section:

• Absolute freehold / absolute leasehold title — the gold standard. Land Registry has checked the ownership chain and guarantees the title. This is what you want to see.
• Possessory title — Land Registry registered the owner based on their possession of the land, but has not verified the full ownership chain. Usually happens when the original deeds have been lost. Possessory title is a yellow flag: most mortgage lenders won't lend on it without indemnity insurance. The property can be sold, but the buyer takes the title as-is.
• Qualified title — rare. Land Registry has registered the title subject to specific defects or limitations identified during registration. This is a significant red flag and requires solicitor advice before proceeding.
• Good leasehold title — the Land Registry has registered the leasehold title but cannot guarantee the freehold title from which it was carved. This means the freeholder's title hasn't been verified.

PackCheck flags any title quality other than absolute with a clear warning.

Current Registered Proprietor

The legal name(s) of the current owner(s). Cross-reference this with the Special Conditions — the seller in the auction conditions should match the registered proprietor. If they don't, there's a discrepancy that needs explanation.

Restrictions

Restrictions in the Proprietorship Register limit how the land can be disposed of. Common restrictions include:

• Consent restriction — a third party's consent is required before the property can be sold. Common where a management company, housing association, or other party has an interest.
• Form A restriction — requires two proprietors or a trust corporation to deal with the property. Usually seen where the property is jointly owned by trustees.
• Bankruptcy restriction — signals that the owner may be subject to bankruptcy proceedings. A serious flag requiring immediate investigation.
• Lender restriction — a mortgage lender has registered a restriction requiring their consent to any sale (in addition to the charge). Sometimes used alongside a registered charge.

Any restriction in the Proprietorship Register should be investigated before bidding. Consent restrictions in particular can delay or prevent completion if the consenting party doesn't respond in time.

Section C: The Charges Register

This is the most information-dense section of the title register — and the one most buyers skip. The Charges Register records everything that limits, burdens, or affects the title.

Mortgages and Charges

Every mortgage or charge registered against the property appears here, with the lender's name and the date of registration. These must be discharged (paid off) on completion. In most auction sales, the Special Conditions will confirm that all registered charges will be discharged from the sale proceeds.

Things to look for:

• Multiple charges — sometimes a property has a first and second mortgage, or a charge from a commercial lender as well as a residential one. All must be discharged.
• Equitable charges — less formal security interests that may require negotiation to discharge
• Voluntary charges — registered for reasons other than a conventional mortgage (e.g., security for a personal loan or business debt)

Restrictive Covenants

Covenants that restrict what can be done on the land — they bind the land permanently and pass to every future buyer. Common restrictive covenants:

• "Not to use the property other than as a single private dwelling" — affects HMO conversion, commercial use, or subdivision
• "Not to erect any further buildings on the land" — affects development plans
• "Not to carry on any trade, business, or profession from the property" — affects any commercial use
• "Not to subdivide the title or convey part" — prevents splitting the land for development

The date matters. Covenants from 1925 are not automatically harmless — if the land that has the benefit of the covenant still exists and can be identified (often a neighbouring estate), the covenant can potentially be enforced. Indemnity insurance is the usual solution for older covenants, but it doesn't remove the covenant.

Easements and Rights Granted Over the Property

Rights that other people have over this property — the opposite of the beneficial rights in the Property Register. Common examples:

• Right of way over part of the property (e.g., neighbouring owner has right to use the shared access road)
• Right to lay and maintain pipes or cables through the property
• Right of light for neighbouring windows
• Support rights for neighbouring structures

These rights are permanent and cannot be removed by a new owner. They limit what you can do on the land — blocking an access route, building over a drainage easement, or obstructing a right of light can lead to injunctions or damages claims.

Positive Covenants

Unlike restrictive covenants (which prevent doing things), positive covenants require the owner to do something — typically to contribute to maintenance costs. Common examples: obligation to contribute to the maintenance of a shared road, shared drainage system, or boundary structure. Positive covenants are usually attached to estates where shared infrastructure needs ongoing maintenance.

These are financial obligations that transfer to you as the new owner.

Notices

Third parties can register a "notice" on the Charges Register to protect an interest they claim in the property — for example, a buyer under an unregistered contract, a person with an equitable interest, or a party with a pending legal claim. A notice doesn't guarantee the interest is valid, but it protects the claimant's priority.

Any notice other than a standard lender's notice should be investigated with a solicitor before bidding.

The Title Plan: What to Check

The title plan is a separate document that accompanies the register. Key checks:

• Compare boundaries to physical reality — the red edging on the plan defines the legal boundary, not the physical fence. Discrepancies are common and can lead to disputes.
• Check for "T" marks — these indicate responsibility for boundary maintenance. A "T" mark on the inside of a boundary means the owner of that property is responsible for it.
• Identify any parcels coloured differently — additional colours on the plan often indicate rights of way, shared areas, or land excluded from the title.
• Check the plan is current — older title plans may not reflect recent boundary changes or Land Registry updates.

Unregistered Land: What It Means at Auction

Not all land in England and Wales is registered at Land Registry — though the vast majority now is. If you encounter unregistered land at auction:

• The pack should contain the original title deeds rather than an official copy from Land Registry
• Investigating title requires reading through the deeds — potentially dozens of documents going back decades
• First registration will be required after completion
• Unregistered title is significantly harder to verify without a solicitor

PackCheck flags where a pack appears to relate to unregistered land and recommends solicitor review.

What PackCheck Analyses in the Title Register

• Title quality — flags possessory, qualified, or good leasehold title
• Registered proprietor identity — cross-references with the seller in the Special Conditions
• All restrictions in the Proprietorship Register — flags consent, bankruptcy, and non-standard restrictions
• All charges — confirms they will be discharged per the Special Conditions
• Restrictive covenants — identifies the restriction and assesses the likely enforceability risk
• Easements granted over the property — flags rights that may affect development or use
• Lease term for leasehold titles — calculates remaining term and flags below 80 years
• Notices and cautions — flags any non-standard registered interests

Frequently Asked Questions