What are title defects and can I still sell my property?

What is a title defect?

A title defect is any issue with the legal ownership of a property that could affect a buyer's rights or their ability to obtain a mortgage on it. Most conveyancing solicitors will identify these during searches and enquiries, and many mortgage lenders will refuse to lend against properties with unresolved title issues.

Common title defects we see in South Yorkshire

• Restrictive covenants that limit how the property can be used or extended
• Missing or incomplete title deeds, particularly common in older properties
• Boundary disputes or discrepancies between the title plan and physical boundaries
• Flying freeholds where part of one property sits over or under another
• Chancel repair liability on properties near older churches
• Unregistered land or gaps in the ownership chain
• Rights of way or easements that were never properly documented

Why do these cause problems?

Mortgage lenders are risk-averse. If a solicitor flags a title issue, most lenders will decline to offer a mortgage until it is resolved, which can mean obtaining title indemnity insurance, applying to the Land Registry, or taking legal action. This can take months and cost significant money. If you are struggling to sell because of a title complication, it can feel like you are stuck indefinitely.

What we can do that others cannot

As experienced property investors, we have dealt with most types of title defect. We have our own legal team and are comfortable assessing the risk ourselves. We have completed on properties in Barnsley and Rotherham with significant title complications that had already caused two or three prior sales to collapse.

If your house won't sell because of a legal issue that keeps putting buyers off, tell us about it. We may be able to offer where others cannot.