Around 13% of all land in England and Wales remains unregistered, according to an estimate by HM Land Registry from September 2019. That means roughly one in every eight plots you might look at has no digital record of who owns it — and proving ownership relies on a bundle of old paper deeds. If you are buying a residential lot, understanding the deed of sale is not just paperwork; it is the single most important step in making sure you actually own what you think you are buying.
I have spent years watching buyers get tripped up by the fine print in land transactions. The deed of sale is the legal document that transfers ownership from seller to buyer, but it is not a simple receipt. It contains covenants, easements, and restrictions that can dictate everything from what you can build to who can walk across your land. Here is what you actually need to know.
Before you sign anything, you need to understand the difference between freehold and leasehold. Freehold is the highest category of ownership in England and Wales and, in most cases, effectively confers absolute ownership. Leasehold grants rights of exclusive possession for a limited period — typically 99, 125, or 999 years. If you are buying a residential lot to build a home, you almost certainly want freehold. But even freehold comes with strings attached, and those strings are written into the deed. For more on what to look for before you commit, read our guide on choosing a residential lot in the UK.
What a Deed of Sale Actually Contains
The most important implication of a deed of sale is that it binds you and all future owners of the land. It is not a one-time document you file away and forget. The deed records the transfer of the legal estate, but it also incorporates any restrictive covenants that limit how you can use the property.
Common restrictive covenants include building restrictions on height, materials, and architectural style, commercial activity prohibitions, and no-subdivision clauses that prevent you from splitting the lot. Positive covenants, on the other hand, require you to take specific actions — like maintaining a boundary fence or contributing to the cost of a shared driveway. If you buy a lot with a positive covenant requiring you to maintain a communal access road, you are legally on the hook for that cost forever. I always tell buyers to read the covenants section of the deed before they even think about making an offer.
If you are unsure about any clause, it is worth getting a property lawyer to review the deed before you exchange contracts. A few hundred pounds on legal advice now can save you thousands in disputes later.
Why the Deed Matters for Your Building Plans
You have found the perfect plot. The view is right, the price is right, and you have already sketched out your dream home. Then you read the deed and discover a restrictive covenant that bans any construction over two storeys. That is not a minor inconvenience — it is a dealbreaker.
Restrictive covenants are one of the most common reasons building projects get derailed. They can limit building height, dictate the materials you must use, or even require that the exterior of any new home matches the style of neighbouring properties. If you buy a lot without checking the covenants, you could end up owning land you cannot build on the way you want.
According to land law in the UK, a restrictive covenant is a limitation on how a property owner can use their land. These covenants are registered against the title and are binding on all future owners. If you violate one, the person who benefits from the covenant — often a neighbouring landowner or a developer who sold the plot — can take you to court and force you to undo any work you have done.
My advice is simple: before you make an offer, get a copy of the title register from HM Land Registry. If the land is registered, you can see the covenants, easements, and charges online for a few pounds. If it is unregistered, ask the seller for the full chain of deeds going back at least 15 years. If they cannot produce them, walk away. For more on access issues that often appear in deeds, read our article on overcoming the hurdles of UK residential lot purchases.
Where People Go Wrong With Deeds
Most mistakes happen because buyers treat the deed as a formality rather than a legal document that controls their property forever. Here are the most common errors I see.
Ignoring Easements and Rights of Way
An easement gives someone else a legal right to use your land for a specific purpose — usually access. If your lot has a public footpath running through it, or if a neighbour has a right of way to reach their own property, you cannot block it. You cannot build a fence across it. You cannot even park a car on it. If you buy a lot without checking for easements, you could find yourself in a dispute on day one.
If correctly registered, easements are binding on any future owners of the property. That means the previous owner may have agreed to let a neighbour run a drainage pipe under your garden, and you are stuck with it. Before you buy, check the title register for any entries under “rights of way” or “easements.” If the land is unregistered, ask the seller for a declaration of any rights they have granted to third parties.
Overlooking Restrictive Covenants
I already touched on this, but it deserves its own section because it is the most expensive mistake you can make. A restrictive covenant can prevent you from building altogether, or it can force you to build in a specific way. Some covenants ban the keeping of animals, running a business, or even parking a caravan on the land. If you plan to build a home and later run a small business from it, a covenant banning commercial activity would stop you.
If you discover a restrictive covenant after you have bought the land, your options are limited. You can apply to the Upper Tribunal (Lands Chamber) to have it modified or discharged, but that is expensive and not guaranteed to succeed. You can also try to negotiate with the person who benefits from the covenant — often a neighbour — but they have no obligation to agree. The cheapest fix is to check the deed before you buy.
Assuming All Land Is Registered
Around 13% of land in England and Wales remains unregistered. Many buyers assume that if they are buying through a solicitor, the land must be registered. That is not true. Unregistered land is more complex and expensive to transfer, and it carries a greater risk of undiscovered problems. If you buy unregistered land, you must register it with HM Land Registry after the sale — and that process requires you to prove ownership through historical deeds. If the chain of deeds is broken, you may not be able to register at all.
If you are buying unregistered land, hire a solicitor who specialises in unregistered conveyancing. The legal costs will be higher, but the alternative is buying land you cannot prove you own. For more on the risks of unregistered land, see our guide on what you need to know before buying land in the UK.
Failing to Check for Charges and Mortgages
The title register shows any mortgages or charges secured against the land. If the seller still owes money on the land, the lender has a legal interest in it. You do not want to buy land that still has a mortgage attached — the lender could repossess it. Your solicitor will handle the redemption of any mortgages on completion, but you need to know about them beforehand. A quick search of the title register will reveal any outstanding charges.
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| Issue | Where to Check | What Happens If Missed |
|---|---|---|
| Restrictive covenants | Title register or original deeds | Cannot build as planned; legal action from beneficiary |
| Easements and rights of way | Title register or seller’s declaration | Neighbour has legal access you cannot block |
| Unregistered land status | HM Land Registry search | Cannot prove ownership; costly registration process |
| Outstanding mortgages or charges | Title register charges section | Lender may repossess; sale may not complete |
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How to Read and Verify a Deed of Sale
You do not need to be a solicitor to understand the basics of a deed. But you do need to know what to look for and where to find it. Here is the process I recommend to anyone buying a residential lot.
Get the Title Register From HM Land Registry
If the land is registered, you can download the title register online for a small fee. The register shows the current owner, any mortgages or charges, and any restrictive covenants or easements. It also shows the property boundaries if they have been mapped. If the land is unregistered, you need to ask the seller for the original deeds. Do not rely on the seller’s word — get the documents in your hands and read them yourself.
Once you have the register, look for the “Charges Register” section. That is where restrictive covenants and easements are listed. If you see a covenant you do not understand, ask your solicitor to explain it. Do not assume it is standard or unimportant. Every covenant is enforceable until a court says otherwise.
Check for Positive Covenants
Positive covenants require you to do something — maintain a fence, pay for shared driveway repairs, keep insurance on a communal building. These are less common than restrictive covenants, but they can be expensive. If the deed says you must contribute to the maintenance of a private road, that is a recurring cost you need to budget for. Ask your solicitor whether the covenant is enforceable and how much it typically costs.
Verify the Seller’s Right to Sell
The deed of sale is only valid if the seller actually owns the land and has the right to sell it. If the seller is an overseas entity, the Economic Crime (Transparency and Enforcement) Act 2022 requires them to be registered on the Register of Overseas Entities at Companies House before they can sell. If they are not registered, the sale is void. Your solicitor should check this before exchange of contracts.
If you are buying from an individual, check that the seller’s name on the deed matches the name on the title register. If there is a discrepancy, ask for an explanation. A simple spelling error is fine, but a completely different name is a red flag. For more on verifying ownership, read our article on finding prime residential lots in the UK.
Understand the Registration Process
After you complete the purchase, your solicitor must register the transfer with HM Land Registry. This must happen as soon after completion as possible. Until you are registered, the seller remains the legal owner on paper. If the seller goes bankrupt or sells the land again to someone else before you register, you could lose your investment. Registration gives you government-guaranteed proof of ownership and protection against fraudulent sales.
The transfer must be recorded in writing on a form specified by HM Land Registry and executed as a deed. Your solicitor will handle this, but you should ask for confirmation once the registration is complete. It typically takes a few weeks to a few months, depending on the complexity of the application and the current processing times at HM Land Registry.
- 1Download the title registerSearch HM Land Registry online for the property. If registered, download the register and title plan. If unregistered, ask the seller for the original deeds.
- 2Read the Charges RegisterLook for restrictive covenants, easements, and positive covenants. Note any that affect your building plans or intended use of the land.
- 3Verify the seller’s identityCheck the seller’s name matches the register. If the seller is an overseas entity, confirm they are registered at Companies House under the Economic Crime Act.
- 4Complete and register the transferYour solicitor will prepare the deed of transfer and submit it to HM Land Registry after completion. Ask for confirmation once registered.
Frequently Asked Questions
Can I remove a restrictive covenant from my deed? ▾
What happens if I buy unregistered land and the deeds are lost? ▾
Does a deed of sale expire? ▾
Can I sell land that has a restrictive covenant? ▾
Do I need a solicitor to buy a residential lot? ▾
Sources and Further Reading
Ground Rules: Understanding UK Planning Permission Before You Buy Land — A practical guide to planning permission rules that affect what you can build on your lot.
Land Grab or Land Locked: Understanding UK Access Rights and Easements — Explains how easements and rights of way work, and what to do if your lot has no legal access.
HM Land Registry official guidance. HM Land Registry, 2025–2026.
UK Land Law Overview. Land Listings, 2024.
Sale and Purchase: Transactional Process in England and Wales. DLA Piper RealWorld, 2024.
