Solicitors for title investigations — uncovering ownership, covenants, easements, charges, and hidden risks in commercial property titles across England and Wales

Registered land is land where the title has been recorded at HM Land Registry. The title register provides a state-guaranteed record of ownership and any interests affecting the land. Most commercial property in England and Wales is now registered, and compulsory first registration is triggered by certain events including the grant of a lease for more than seven years. Unregistered land is land where title has not yet been registered — ownership is proved by examining the physical deeds. Investigating unregistered title is more complex because there is no single definitive record: the solicitor must examine the chain of conveyances, identify a good root of title (at least 15 years old), and consider whether any interests have been created that are not reflected in the deeds. Our lease due diligence service covers both registered and unregistered title, and we regularly handle first registration applications as part of our property acquisition support.

A restrictive covenant is a promise, contained in a deed, not to do something on the land — for example, not to use the property for certain purposes, not to build above a certain height, or not to carry on a particular trade. Restrictive covenants bind the land (not just the original covenantor) and are enforceable by whoever holds the benefit of the covenant. For commercial property, restrictive covenants can be highly significant: a covenant prohibiting use as licensed premises could prevent a restaurant obtaining an alcohol licence; a covenant restricting building height could prevent a planned extension. Our solicitors identify all restrictive covenants affecting a property as part of the title investigation and advise on their enforceability, scope, and options for removal — including applications to the Upper Tribunal (Lands Chamber) under section 84 of the Law of Property Act 1925. Our planning and zoning advice team works alongside our title investigation solicitors where planning and title restrictions intersect.

The answer depends on the nature and severity of the defect. Some title defects can be resolved relatively easily — for example, a missing mortgagee consent can be obtained retrospectively, or a first registration application can be submitted for unregistered land. Other defects are more complex — for example, a restrictive covenant that prevents the proposed use of the property, or a title dispute where two parties claim ownership. Where the defect cannot be resolved before completion but the parties wish to proceed, title indemnity insurance can provide cover against the financial consequences. However, insurance is not always available or appropriate, and our solicitors advise on the best course of action in each case. Our lease risk assessment framework helps clients evaluate whether to proceed, renegotiate, or walk away. If a dispute arises, our commercial lease disputes and mediation teams can assist.

When a tenant assigns a lease or grants a sublease, the assignee or subtenant needs to satisfy itself that the head landlord has good title — because if the head landlord's title is defective, the tenant's lease (and therefore the assignee's or subtenant's interest) may also be defective. The title investigation for an assignment mirrors the investigation that would be done on a property acquisition: the assignee's solicitor reviews the head landlord's title, checks for any restrictions on assignment or subletting, and ensures that all necessary consents have been obtained. Our lease assignment and transfer solicitors include title investigation as a standard part of the assignment process, and our licence to assign service ensures that the landlord's consent is consistent with any restrictions on the landlord's own title.

An easement is a right that one landowner has over the land of another — common examples include rights of way (the right to cross someone else's land to access your own), rights of light (the right to receive light through defined apertures), rights of support (the right to have your building supported by an adjoining building or land), and rights of drainage (the right to drain water through someone else's land). For commercial property, easements are critically important: a shop without a right of way over the access road is effectively landlocked; an office without a right of light may be rendered unusable by a neighbouring development. Our title investigation identifies all easements that benefit and burden the property, and our easements and rights of way solicitors provide detailed advice on scope, enforceability, and disputes.

Yes — a thorough title investigation goes beyond the face of the title register. Certain interests can exist even though they are not recorded on the register: these are known as overriding interests under Schedule 3 of the Land Registration Act 2002. They include short leases (for seven years or less), certain rights acquired by prescription (long use), and certain rights of persons in actual occupation. Our solicitors' title investigation includes enquiries of the seller or landlord to identify any overriding interests, a physical inspection of the property where appropriate, and consideration of whether any third parties might claim rights that are not apparent from the register. Our lease legal audits include a review of potential overriding interests, and our commercial lease disputes solicitors have experience handling cases where unregistered rights have come to light after a transaction has completed.