Understanding the link between property title deeds and equity release is an important part of the process if you are considering unlocking equity from your home in the UK.

Equity release has become an increasingly popular financial tool among UK homeowners aged 55 and over.

However, understanding the role of property title deeds is essential before proceeding. Whether your home is unregistered, owned jointly, or held in a trust, your title deeds can directly impact your eligibility for equity release.

This guide will clarify the legal, administrative, and financial connections between title deeds and equity release, helping you make informed decisions about your property and estate planning.

The team at EveryInvestor has put together this comprehensive guide to explain the implications of equity release on title deeds, inheritance, and home ownership in the UK.

Therefore...

What Is Equity Release and How Does It Work?

Equity release enables UK homeowners aged 55 and over to unlock the capital tied up in their property without selling or relocating.

The two main types are:

• Lifetime Mortgage: A loan secured against your home, with interest usually rolled up and repaid when you die or enter long-term care.
• Home Reversion Plan: You transfer partial or full ownership of your property, often at a discounted rate, in exchange for the right to reside in the home for life.

Did you know?

In 2024, lending through equity release in the UK reached £2.3 billion.¹

What Are Property Title Deeds?

Title deeds are formal legal records that establish and confirm legal ownership of a property.

Common inclusions:

• historical conveyances
• contracts of sale
• probated wills
• active leases or mortgages
• registered covenants or easements

The majority of UK property ownership records are digitised and managed by HM Land Registry.²

Why Title Deeds Matter for Equity Release

Equity release providers require verified proof of legal ownership and the capacity to register a first legal charge against the property.

This means:

• Your property must be formally registered with HM Land Registry to be eligible.
• The applicant must be listed as the sole or joint legal proprietor on the official title register.
• The property must not be subject to trusts, outstanding legal encumbrances, or unresolved financial charges.

Lifetime Mortgages and Title Deeds

With a lifetime mortgage:

• You retain full ownership of your property.
• The equity release lender records a first legal charge on the property through HM Land Registry.
• This registered charge is settled in full upon the termination of the equity release agreement.

Home Reversion Plans and Title Deeds

With a home reversion plan:

• You sell part or all of your home to the lender.
• Your title register will be updated to reflect joint ownership with the equity release provider.
• The lender becomes a co-owner, with details listed on the title register.

Legal Barriers to Equity Release

Legal barriers to equity release may make it difficult for you to obtain a lifetime mortgage or home reversion plan.

Potential hurdles include:

• Unregistered Properties
• Properties Held in Trust
• Existing Charges or Judgements

Let's take a look at each of these in turn.

Unregistered Properties

Unregistered properties must undergo registration with HM Land Registry before any equity release product can be approved.

Steps:

1. Search HM Land Registry to confirm registration status.
2. Submit a first registration application along with supporting documentation and title evidence.³
3. Supply historical deeds, an accurate title plan, and certified proof of legal ownership.

Properties Held in Trust

If your property is held in a trust:

• Trusts generally need to be dissolved, as equity release arrangements require lenders to hold a primary legal charge.
• Professional legal guidance is essential to navigate the dissolution of trusts in this context.

Existing Charges or Judgements

Before equity release can proceed, any existing charges must be settled or refinanced through the new plan.

Such encumbrances may include outstanding mortgages, secured lending agreements, or County Court Judgements (CCJs).

How to Check Your Title Deeds

Title register details can be accessed online via the official HM Land Registry portal using your property’s address and postcode.⁴

Key documents:

• Title Register: Contains definitive information on ownership, registered charges, and legal restrictions.
• Title Plan: Illustrates general property boundaries and land layout.
• Title Summary: Provides a free snapshot of ownership status and tenure type.

Costs:

• Title Register: £7 (online)
• Title Plan: £7 (online)
• Paper copies: £11 per document.⁵

Using an Equity Release Calculator

An equity release calculator enables you to estimate the potential amount available for release based on key financial inputs.

How it works:

• You enter your age, property value, and mortgage balance.
• The tool generates projected release values, interest accrual, and indicative repayment conditions.

What Happens If You Inherit a Property With Equity Release?

If you inherit a property with equity release, you generally have three options.

These are:

• Sell the property to repay the loan and distribute any remaining funds.
• Use other estate assets or personal funds to settle the debt and retain the property.
• Secure a replacement mortgage to redeem the equity release liability—though this may not always be viable.⁶

Important to keep in mind:

• The equity release provider must be notified immediately after the homeowner’s death.
• Loan repayment is generally expected within 6 to 12 months following the homeowner's death.
• Interest compounds daily on the outstanding balance until full repayment is made, which can significantly reduce the inheritance value of the property.

If the equity release plan is approved by the Equity Release Council (ERC), beneficiaries are protected by the No Negative Equity Guarantee, which means they won't be liable for any difference should the property sell for less than the value of the loan.

Common Issues That Delay Equity Release

Issue	Solution
Property is unregistered	Apply for first registration
Joint owners exceed 2 people	Amend the title register to remove non-eligible joint owners prior to submitting an application.
Held in a trust	Engage a solicitor to facilitate the unwinding or restructuring of the property trust.
Existing secured debts	Any outstanding secured debts must be discharged, either separately or through proceeds from the equity release plan.

Expert Advice: Martin Lewis's Take

Financial expert Martin Lewis advises approaching equity release with prudence and full understanding of its long-term financial consequences.

According to his site MoneySavingExpert, “It certainly isn't something to be taken on lightly, so first consider whether downsizing is a preferable alternative.”⁷

He urges homeowners to:

• Seek independent financial advice
• Check interest rates
• Borrow no more than they need.

UK Regions: Title Deeds Differences

Region	Title Registry	Key Notes
England & Wales	HM Land Registry8	Same system, shared database.
Scotland	Registers of Scotland9	Also includes the Sasines Register, an older system used in Scotland.
Northern Ireland	Land and Property Services10	Records from before 1990 are held by the Public Record Office of Northern Ireland.

Common Questions

Concluding Thoughts

Understanding how property title deeds affect equity release is vital for any UK homeowner considering this financial option.

• If your property is registered, in your name, and free of legal encumbrances, you may be eligible.
• If it's held in trust, jointly owned, or has debts attached, seek expert advice to resolve these first.

Before proceeding, always speak with a regulated financial advisor and check your title documents via HM Land Registry.

Learn More: Lasting Power of Attorney In Equity Release