Need a Legal Head of Title?
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Simply upload your site on the RenKap platform to:
- Reduce your management time by 90%
- Instantly receive a minimum of 3 quotes from our vetted suppliers
- Receive one digital dashboard with survey recommendations
- Quality reports every time guaranteed
Need a Legal Head of Title?
Use RenKap
Simply upload your site on the RenKap platform to:
- Access the best vetted surveyors
- Instantly receive a minimum of 3 quotes from our suppliers
- Receive one digital dashboard with survey recommendations
- Quality reports every time guaranteed
The only site investigation checklist you need
Download our site investigation checklist, which covers the 13 site investigation surveys you need to complete on every site. This includes a rundown of why you need each of them and at what stage throughout the project lifecycle.
What is a legal head of title?
A legal head of title is a document that outlines the legal ownership history of a property or site and it highlights any legal constraints. In the context of property development, a legal head of title is an essential component of the property development process, providing important information about the property’s ownership and any restrictions, encumbrances, or rights of way that may affect the development.
Why do you need a legal head of title?
Having a complete and accurate legal head of title is important for property developers, as it provides critical information that is used to assess the feasibility and viability of a development project. This information can include the current ownership of the property, the history of ownership, and any restrictions or rights of way that may impact the development. Without this information, a developer may purchase a site that can not be developed and they could lose a lot of money.
When is a legal head of title required?
A legal head of title is typically required at the beginning of the property development process, prior to the purchase of a property or the start of any development work. This is to ensure that the developer has a complete understanding of the property’s ownership and any restrictions that may impact the development before they invest.
How long does a legal head of title take?
The time it takes will depend on the size and complexity of the site and how many land registry titles are covered within the red line boundary. Typically at RenKap our lawyers can complete the legal head of title within 3 weeks.
What is the risk of not completing a legal head of title?
Not having a complete and accurate legal head of title can lead to a number of risks for property developers. For example, a developer may not be aware of any restrictions or rights of way that may impact the development, leading to costly mistakes or even legal challenges. Additionally, without a clear understanding of the ownership history and the restrictions of the property, a developer may believe that they can do more with the site than in reality. This could mean that they overpay for the site and then realise that they can build way less than planned.
How is a legal head of title completed?
A legal head of title is typically completed by a conveyancing solicitor, who will conduct extensive research into the property’s ownership history and any restrictions or rights of way that may impact the development. This research will involve a review of public records, such as land registry records and historical deeds, as well as consultations with relevant parties, such as local authorities and utility companies. The resulting document will provide a comprehensive and accurate record of the property’s ownership history, restrictions, and rights of way, allowing the developer to assess the feasibility and viability of the development project.
Legal Considerations: What is are restrictive covenants and why do they matter??
A restrictive covenant is a legally binding restriction or limitation on the use of a property. It is typically included in a property’s legal head of title and can limit or prohibit the use of the property for certain purposes, such as commercial use or construction. For property developers, restrictive covenants can significantly impact the feasibility and viability of a development project, as they may limit the type of development that can be undertaken on the property. For example, if a restrictive covenant prohibits commercial use, it may not be possible to build a retail development on the property. It is important for property developers to be aware of any restrictive covenants affecting a property before they buy or develop a site.
Legal Considerations: What are easements and why do they matter?
An easement is a right that allows a person or entity to use another person’s property for a specific purpose, such as for access or for the installation of utilities. Easements can also be included in a property’s legal head of title and can have a significant impact on the use and development of a property. For property developers, easements may impact the ability to build on or develop a property, as they may provide access rights to third parties or restrict the use of the property for certain purposes. It is important for property developers to be aware of any easements affecting a property before they buy or develop a site.
What are the key pieces of information that lawyers need from a client to complete a legal head of title?
The key pieces of information would include:
- Site location
- Redline boundary (the perimeter of the site boundary)
- A scope of survey (i.e. a brief of exactly what they need to include in their report)
- Development Proposals
- Land Registry Title Deeds if available
- The total number of separate titles within the red line boundary (freehold and leasehold)
What are the key items that would affect the cost of a legal head of title?
The key factors that would affect the cost of the report would include the size of the site, the number of titles present, scope of works and the complexity of the legal restrictions.
How to identify competent lawyers for your legal head of title?
As a minimum they should:
- Abide by the Law Society’s Code of Conduct and Guidance
- Be accredited by The Law Society
- Have an appropriate level of professional indemnity insurance (Ideally more than £1m)
- Have an internal quality assurance procedure
- Have suitably trained and quality staff
The RenKap platform has already pre-vetted the best UK lawyers so you don’t have to.
The only site investigation checklist you need
Download our site investigation checklist, which covers the 13 site investigation surveys you need to complete on every site. This includes a rundown of why you need each of them and at what stage throughout the project lifecycle.