What They Are, What They Show, and Why They Matter When Buying or Selling
Title deeds tell the legal story of a property. They show who owns it, where the boundaries lie, and what obligations (if any) come with it.
If you’re buying or selling in Scotland your solicitor will carefully review the deeds to flag anything unusual or unclear.
This guide explains what title deeds are and how they can affect your sale or purchase.
What Are Title Deeds?
Title deeds are the official documents that confirm ownership of land or property. In Scotland, most are now registered digitally in the Land Register of Scotland. However, many properties — particularly older ones — still have supporting paper deeds, and some remain based on the older Sasine Register.
It’s common for solicitors to store these original documents for safekeeping, even when digital records exist. Your solicitor will use both sources where needed to confirm:
• That the seller has the legal right to sell
• Any restrictions, burdens, or boundary issues
• That what’s on the title matches what’s on the ground
What Might the Title Deeds Include?
• Ownership details – who owns the property and when it last changed hands
• Boundaries – the legal outline of the property
• Access rights – for shared driveways, paths, or tracks
• Burdens – restrictions on use (such as no commercial activity)
• Maintenance obligations – for shared roofs, walls, or roads
• Title plans – a map showing the property’s extent and boundaries
Why Deeds Matter When Buying or Selling
Whether you’re a buyer or a seller, title deeds help ensure there are no hidden surprises that could derail the transaction.
Your solicitor will use the deeds to:
• Confirm ownership and legal boundaries
• Check what is — and isn’t — included in the sale
• Flag any burdens or restrictions affecting how the property can be used
• Clarify responsibility for shared or private areas
• Resolve any discrepancies between what’s written and what’s seen during a viewing or survey
Title Plans and Boundary Issues
Across Scotland, it’s not uncommon for title plans to differ from what’s physically on the ground. A fence might not sit quite on the legal boundary. A hedge may have crept over into neighbouring land. Access tracks may have been used for decades without formal rights recorded in the deeds.
These things don’t always cause problems — but they can delay a sale or introduce unexpected risks, especially if a buyer or seller takes a hard stance.
For clients moving from areas with tightly defined boundary systems, this can feel unfamiliar. In Scotland, particularly in older or rural titles, there’s often a bit of legal tidying required to match up plans with reality.
A Note of Caution
Boundary disputes, even over a few feet, can turn emotional quickly. If you’ve found your dream home, challenging a neighbour over a hedge or access path might technically be justified — but it can come at the cost of goodwill, time, and possibly even the sale itself.
Your solicitor will highlight any concerns and give you the information you need to make an informed choice.
Need Clarity About a Property’s Title?
At Hastings Legal, we can review the title for you, explain what’s included, and flag anything that might need to be resolved before a sale or purchase can proceed.
Call us on 01573 226999 or email enq@hastingslegal.co.uk to speak to a solicitor.
