The following Property guidance note provides comprehensive and up to date legal information covering:
A certificate of title (also known as a certificate on title) is a particular species of report on title.
When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets out the findings of the investigation. Those findings will include, for example, details of any rights of which the land has the benefit and any charges, easements or other third-party interests or potential interests that burden the land.
The process of title investigation is also known as legal due diligence. See Real estate in corporate transactions—overview for further information.
On occasions, solicitors will be instructed by their client to write a report on title for someone other than the client itself, for instance for a mortgage lender or a buyer of shares in a company that owns the land, or in connection with a company flotation or a tender transaction where there are a number of bidders.
Such a report addressed to a third party is usually termed a certificate of title. This is more formal terminology suitable for the more formal circumstances that give rise to the certificate.
There is usually no contract between the solicitors giving the certificate and the third-party recipient. However, if the givers of the certificate fail in their
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.