How to Resolve Property Title Issues

Title issues when buying or selling a house

Purchasing a home is one of the most significant investments most people make, but buying a property with title issues can complicate the process. From unclear boundaries to restrictions on land use, these challenges can create legal obstacles if not addressed correctly. With the right guidance, however, you can navigate these issues confidently.

How to resolve property title issues

Title issues when buying a house often seem daunting, adding stress to an already complex process. Our award-winning specialists provide clear advice and practical solutions to help you move forward.

One common problem relates to boundaries, which may be legal (as defined by title deeds) or physical (like fences or walls). Our conveyancing team is experienced in identifying and resolving title issues, reviewing all relevant documentation to clarify boundaries. If disputes arise, our solicitors will work to find an effective solution tailored to your circumstances.

Land may also be affected by easements, which are rights over someone else’s property for specific purposes. Easements can include:

  • Rights of way – allowing access across land for neighbours or the public
  • Rights of light – protecting sunlight received through existing windows
  • Rights to support or protection
  • Rights for passage of water – covering drainage, water supply, or other services

Our specialists will help determine whether any easements impact the land you own or intend to acquire. Rights of light, in particular, can pose challenges when planning extensions or redevelopment projects.

If you currently hold rights over another property, you may choose to release them. Our legal team provides expert advice to ensure you fully understand the implications and we will protect your best interests. At Hart Brown, we guide clients through title issues when selling a house too, including the release of rights.

Experts in Restrictive Covenants & Property Title Issues

Restrictive covenants are also issues that may burden or benefit land. A restrictive covenant is a condition that restricts, limits, prohibits or prevents the actions of a landowner. Ultimately, they restrict how land can be used. For example, a restriction could prohibit the use of the property for business purposes, or it may limit the development or alteration of the property.

If you are buying a property, our solicitors will help you to understand the effect of any restrictive covenants which may affect your decision to purchase the property. We also have a specialist property disputes team who can help you to resolve any disputes that may arise regarding restrictive covenants affecting a property you already own.

If you encounter title issues when buying a house or land, please call our conveyancing team on 01483 887766, email info@hartbrown.co.uk or start a live chat. We look forward to hearing from you.

 

Frequently Asked Questions

1. What are common property title issues in UK conveyancing?

Common property title issues in UK conveyancing include unclear or disputed boundaries, missing or defective title deeds, restrictive covenants, rights of way or other easements, and discrepancies between physical features and the legal title. These issues can arise whether you are buying or selling and, if not resolved, may delay or even prevent a transaction from completing.

2. How do I resolve unclear boundaries during a property purchase?

Unclear boundaries are typically resolved by reviewing the title deeds, Land Registry plans, and any historic documentation relating to the property. Our solicitors may also recommend a measured survey or seek clarification from neighbouring owners. If a dispute exists, legal advice from our team is essential to negotiate an agreement or formalise boundary positions before you proceed with the purchase.

3. What are restrictive covenants and can they be removed?

Restrictive covenants are legal obligations that limit how a property can be used or developed, such as prohibiting extensions or business use. Some restrictive covenants may be outdated or unenforceable, but they cannot simply be ignored. Depending on the circumstances, they may be removed or modified through agreement or an application to the Upper Tribunal. Our conveyancing solicitors can advise on the best option based on your situation.

4. When should I get a solicitor’s help for title defects?

You should seek advice from our solicitors as soon as a title defect is identified, ideally before exchanging contracts. Early advice allows us to resolve issues efficiently and reduces the risk of unexpected delays, financial loss, or disputes. Whether you are buying or selling a property with title issues, professional guidance ensures your interests are protected throughout the conveyancing process.

Talk to a Legal Expert Today

Lawrence Stolworthy- Partner, Head of Residential Property

Lawrence Stolworthy

Partner, Head of Residential Property

Lawrence Stolworthy- Partner, Head of Residential Property

Partner, Head of Residential Property

Lawrence Stolworthy

Lawrence is a Partner based in the Guildford office, and he is also Head of the Residential Property team at Hart Brown LLP.

Lawrence qualified as a solicitor in 2001 and has extensive experience in a broad range of residential property work, including very high value transactional work and acquisitions for international investor clients. He also has considerable experience in dealing with property work originating from, or ancillary to, private client matters and family/matrimonial matters.

He is committed to providing a proactive, friendly and positive approach and he strives to communicate clearly and effectively with all those involved in the transactions he deals with in order to achieve the best outcome for his clients. He endeavours to find pragmatic and commercially viable solutions to problems wherever possible.

What do Lawrence's clients say?

"We have worked with Hart Brown on a number of occasions and have been consistently impressed by their attention to detail, efficiency, and client-focused approach. Lawrence Stolworthy has provided exceptional guidance throughout every stage of our property transactions, ensuring the process was smooth, transparent, and stress-free. His professionalism, clear communication, and deep understanding of the property market truly set him, and Hart Brown, apart."

"Lawrence Stolworthy was brilliant from start to finish. We had a very difficult residential purchase, taking over a year from offer acceptance to completion, but Lawrence was faultless. He was pro-active throughout, approachable, clear and helpful in his advice. We are grateful to have worked with him and only have positive things to say."

"We cannot recommend Lawrence Stolworthy highly enough. His kind manner, attention to detail, patience, dedication and efficiency have made what could have been a stressful period absolutely seamless. Lawrence took the time to really understand our specific needs and his advice was always with this in mind and always very timely."

"Lawrence is incredible at his job. Very diligent, personable and efficient. He has always gone the extra mile in the two instances that I have worked with him - making the process smooth and easy wherever possible and anticipating my needs."

    Debbie Beswick Partner, Residential Property

    Debbie Beswick

    Partner, Residential Property

    Debbie Beswick Partner, Residential Property

    Partner, Residential Property

    Debbie Beswick

    Debbie, who is a Partner, specialises in residential property. After joining Hart Brown in 1984 she quickly progressed through the ranks qualifying as a Legal Executive in 1996. She was admitted to the Fellowship in 1997. Debbie is well known in the Godalming area and receives high praise both from clients and agents who come back to her time and time again.

    Her most memorable case was the purchase of a property for clients who were looking for a quick turnaround. It was a mere 3 working days from instructions to exchange of contracts.

    Debbie often receives excellent feedback from her clients, here are just a few of their statements:

    "This is the second time we've used Debbie at Hart Brown, and yet again she has given us fantastic service. Shall certainly be using you again."

    "It's a quick, efficient and friendly service - just right for the somewhat fraught process of buying and selling property."

    "We had our smoothest sale ever thanks to Debbie Beswick."

    "Second time we've used you, second time we've been impressed."

      Jeremy Jupp- Partner, Residential Property

      Jeremy Jupp

      Partner, Residential Property

      Jeremy Jupp- Partner, Residential Property

      Partner, Residential Property

      Jeremy Jupp

      Jeremy has extensive knowledge in Residential Property. He qualified in 1992 as has worked for the last 25 years in various locations across Surrey, including Guildford, Godalming, Woking and now Cranleigh.

      He is committed to providing a proactive, friendly and positive approach, with nearly 30 years’ experience as a residential property specialist. Jeremy strives to communicate clearly and effectively with all those involved in transactions he deals with, in order to achieve the best outcome for his clients. He endeavours to find pragmatic solutions to problems wherever possible.

      Jeremy believes in building up a strong relationship with his clients in order to understand their aims and needs, and work with them to achieve these so far as possible.

      Memorable cases Jeremy has worked on include completing a purchase within a week from instruction where his client was given a great incentive on a new build property if he completed that quickly.

      Another involved the sale of a property where a Local Authority had acquired a strip of land along the frontage in the 1960s for potential road widening. They had granted a license over the land in exchange. The road widening never took place and the scheme had been abandoned, however, the buyers’ solicitors were not happy with the license arrangement that remained in place. Jeremy drafted a conditional contract clause which gave his client 9 months to resolve the issue with the Local Authority and to pay any premium agreed out of the exchange deposit. After lengthy negotiations with the Local Authority which involved taking Counsel’s Opinion in relation to the status of the license, an agreement was reached with the Local Authority just in time to enable him to give notice to the buyers’ solicitors to complete the sale.

      What do Jeremy's clients say?

      "We had a first class experience with Jeremy Jupp in the Cranleigh office of Hart Brown Solictors. What should have been a simple sale and purchase turned in to something much more complex due to Land Registry and probate issues and as a result we changed tack at the eleventh hour for a different property. Jeremy then worked at break neck speed to get us in to said property in record time. He was an absolute pleasure to deal with, very patient with all our queries and questions and I wouldn’t hesitate to recommend him and his team."

      "Jeremy Jupp of Hart Brown Solicitors of Cranleigh was very efficient and professional. We would highly recommend him."

      "Excellent service, very helpful and went the extra bit to help. Jeremy is very knowledgeable and between him and his secretaries they kept me well informed and up to date throughout the very long and difficult process. Highly recommend this team."

        Peter Howe- Associate, Residential Property

        Peter Howe

        Partner, Residential Property

        Peter Howe- Associate, Residential Property

        Partner, Residential Property

        Peter Howe

        Peter’s specialism is residential property.

        Peter qualified as a Solicitor in 1991 and worked for a number of firms as a locum before joining Hart Brown in 2000. Peter was promoted to Partner in 2025.

        Peter's experience as a locum gave him a good insight into the kind of firm that he wanted to settle down in. “It is amazing how different firms are in terms of the service they offer their clients” says Peter.

        Peter receives excellent feedback from his clients:

        "We would like to thank you very much for acting for us in this matter...we have been impressed with your timely and straightforward handling of the various stages of the process and your effective dealing with any issues arising. Once again thank you very much – it has been a pleasure doing business with you."

        "I found all my dealings with Peter Howe very useful, he is very down to earth and explained and answered all my queries very clearly, which took away a lot of the stress. Thank you."

          Nitasha Thapar- Senior Solicitor, Residential Property

          Nitasha Thapar

          Senior Associate, Residential Property

          Nitasha Thapar- Senior Solicitor, Residential Property

          Senior Associate, Residential Property

          Nitasha Thapar

          Nitasha is a Senior Associate and holder of an LLB (Hons.), with over 16 years’ experience dealing with a broad range of legal matters. She has been a Solicitor for over 14 years, having qualified in 2011 and she specializes in Residential Conveyancing.

          Nitasha has widespread knowledge of sales and purchases of freehold and leasehold properties, buy to let investment properties, transfers of equity, re-mortgages, right to buy schemes, new build purchases and equity release transactions.

          Nitasha’s clientele ranges from first time buyers, property investors, corporate and individual clients from the UK and abroad, together with high net worth individuals.

          Nitasha fully understands how stressful moving home can be, so she prides herself on providing a personal level of service with effective communication throughout the transaction in order to make each client's experience a positive one.

            Rosie Taylor

            Associate, Residential Property

            Associate, Residential Property

            Rosie Taylor

            Rosie specialises in residential property, with experience acting for individuals in all aspects of conveyancing including freehold and leasehold sales, purchases, re-mortgages, transfers of equity, matrimonial transfers, equity release and shared ownership.

            Rosie qualified as a solicitor in 2004, initially practising in family law for 3 years and has specialised in residential property since 2007.

            Rosie has a 2:1 BMus (Hons) music degree from The University of Sheffield but went onto obtain commendations for both the PgDL and LPC from the College of Law, Guildford after deciding to pursue a career in law.

            Outside of work, Rosie enjoys running and has completed numerous trail and road running events including 3 marathons.

            What do clients say?

            "Thank you very much for all your hard work on our sale and our purchase. It was great working with you, and thank you for looking after us so well. We'll be sure to recommend you to friends & family."

            "You have been absolutely extraordinary throughout this whole process and have been a huge source of reassurance and support. THANK YOU!"

            "We are both enormously grateful to you for the care, kindness, level-headedness and skill which you showed us during this purchase. Thank you so very much for all your hard work - we’re delighted."

              Sharon Woodford-Jones

              Associate, Residential Property

              Associate, Residential Property

              Sharon Woodford-Jones

              Sharon qualified as a solicitor in 2002 and has extensive experience across all areas of residential property, including freehold and leasehold transactions, remortgages, transfers of equity, new build purchases, and complex title issues.

              After a career break during which she worked in local government in Australia, she has returned to legal practice with a refreshed perspective and a strong commitment to clear communication and high quality client care.

              Outside of work her interests include fitness, dog walking, baking and house renovations.

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