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.





