What Are Title Deeds? What Can I Do If I’ve Lost Them?

‘What are Title Deeds?’ and ‘What Can I Do If I’ve Lost Them?’ Timms Emily Facer discusses in her latest blog….

From the 1st December 1990, properties in the whole of England and Wales have been subjected to compulsory registration. Prior to this date, registration was not compulsory in many areas and it was often common for a property to remain unregistered. Instead of all the relevant information being stored online in a central public register as it is now, paper deeds were kept to prove ownership of a property.

What Should I Do If I Have Lost My Deeds?

If you have misplaced your title deeds, or they have been destroyed, then the first thing to check is if the property is registered with the HM Land Registry. If the property is registered with the Land Registry, then a title register can be downloaded which shows who owns the property, any charges on the property (such as a mortgage) and any restrictions, easements or covenants.

If the property is unregistered and you cannot immediately lay hands on the deeds, the first step to be taken is to try and locate the deeds. The first port of call would be to contact any banks or mortgage lenders who may have held the deeds. Traditionally, when a property was not registered with the Land Registry, the mortgage lender would have retained the property deeds in their storage and sometimes this is still the case. It is also important to check with any family who might have taken the deeds or any firms of solicitors you have had dealings with in the past.

If the deeds cannot be found then it will be necessary to reconstruct or reconstitute the title, in an attempt to prove ownership of the property.

When submitting the application for a reconstruction of title, the Land Registry will require a statement of truth. This statement of truth is usually made by a person claiming ownership of the property. Within the statement of truth you would be expected to give a full account of the events that lead to the misplacement/loss or destruction of the title deeds. If there are any other relevant documents relating to the title of the property, these must also be presented. For instance, an old mortgage document or transactional documents when the property was purchased. Within the application, as much evidence as possible must be gathered to try and prove ownership which can include photographs, letters, bills, planning documents etc.

The application will then be compiled and sent over to the Land Registry. The Land Registry will then review the application that has been made and will make a decision as to whether ownership of the title will be grante, based on the statements and documents provided to them.

The process of a reconstruction of title can often be long so this has to be considered especially where a person wishes to sell/remortgage the property. It is important to remember that every application is different so getting as much evidence as possible is always of upmost importance.

How Can Timms Help?

If you need further information regarding Title Deeds or if you have any questions regarding moving home, please feel free to contact me on freephone 0800 011 6666 or via email at e.facer@timms-law.com.

Emily Facer

May 2023

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