https://hmlandregistry.blog.gov.uk/2014/12/18/title-deeds/

Where are my title deeds, what are they and do I need them?

Title deeds

When customers ask us for title deeds, they are frequently disappointed to learn that we don't have the originals! So what are they, where are they kept and do you need them?

What are title deeds?

Title deeds are paper documents showing the chain of ownership for land and property. They can include:

  • conveyances;
  • contracts for sale;
  • wills;
  • mortgages; and
  • leases.

Where are my title deeds?

HM Land Registry records are digital, so we don't store paper title deeds.

Generally, we only have the original title deeds when land or property is registered for the first time, as we need them to prepare the register. We create scanned copies of some deeds and then return all the original title deeds to whoever lodged them (usually the solicitor or conveyancer acting on behalf of the buyer).

If you want to see a scanned copy of the deeds that we have on file, you should start by searching our property information and finding your property's title number. If the register refers to deeds being filed, we should have copies. You can then request a copy of your deeds.

If you're trying to track down your original deeds, they could be with the solicitor who acted for you when you bought the property or with your mortgage company (if you have a mortgage).

Do I need my title deeds?

Most of the land and property in England and Wales has been registered, but if your property isn't on the register and you are applying for first registration, not having your original deeds can make things more complicated. You'll need to supply a statutory declaration or statement of truth and verify your ID. As well as these additional hurdles, at the end of the application process, we may only be able to offer you a possessory title.

Once the first registration process is complete, it's still a good idea to keep your original title deeds, as they can contain information about legal boundaries and who owned the property previously. If you need to confirm ownership for legal reasons, though, you will need to apply for an official copy of the register.

608 comments

  1. Comment by Janice Ashley posted on

    Our 150yr old house was originally part of a large estate. When we paid off our mortgage and were about to move house, I looked forward to seeing our original title deeds to find out info about the original historical sale but was devastated to find they no longer existed. All that information and history destroyed without anyone even telling us 🙁

    Reply
    • Replies to Janice Ashley>

      Comment by adamh posted on

      Janice - it is sad when original deeds are destroyed but do you know who had them and then destroyed them? It should not have been us as whilst they might have been lodged to prove ownership when the house was first registered we would not have retained them.

      Reply
      • Replies to adamh>

        Comment by Janice Ashley posted on

        They were held by the Nationwide originally but I assumed they would be returned to our solicitor when we paid the mortgage off. I asked the solicitor, he referred me to land registry, who suggested I ask our solicitor. I'm not sure at what stage they would have been considered redundant.

        Reply
        • Replies to Janice Ashley>

          Comment by adamh posted on

          Janice - invariably they are held by the lender.
          Nationwide should be able to explain their policy on deeds retention/storage and may be able to check to confirm what happened with yours.
          When we changed to an electronic register we stopped producing the Land/Charge Certificate (a copy of the register/title plan) which we always referred to as the title deeds.
          The idea of having paper deeds began to disappear so the attitude towards retention of the older deeds and documents, you are referring to here, may have also changed.
          If Nationwide held the original deeds then hopefully they can tell you what happened next.

          Reply
          • Replies to adamh>

            Comment by Janice Ashley posted on

            Thank you Adam. What year did the electronic registering come in?

          • Replies to Janice Ashley>

            Comment by adamh posted on

            Janice - we have actually had a computerised register for many years but the withdrawal of the land/charge certificates and what we refer to as 'dematerialisation' happened in the late 90s.

          • Replies to adamh>

            Comment by Janice Ashley posted on

            Thank you. We bought the house, with the help of a mortgage, in 1985 so the deeds would have been with the Building society in the 90s. I'll try contacting them. Whilst searching for property information on the Land registry site I noticed that our own house, which was a barn conversion on part of our land that we kept when we sold our old house, has no identifying name on it. We registered our new house name with the local council early in 2014 - how can we amend Land Registry records so that they show an identifying house name rather than just 'land west of' our previous house?

          • Replies to Janice Ashley>

            Comment by adamh posted on

            Janice - apologies for late reply here although I suspect you will have now found your answer elsewhere.
            You can write to us along with the letter from the local authority confirming the new property name and we will update the register

          • Replies to adamh>

            Comment by Freda posted on

            We bought our house in 1963, before compulsory registration, and we have our title deeds. I was going to register them but was scared off because someone I spoke to at the Registry some years ago said that the Land Registry destroy the title deeds once they are registered. That didn't make sense to me and we haven't registered because we would want the deeds back.

          • Replies to Freda>

            Comment by adamh posted on

            Freda - we don't destroy the title deeds but return them to the applicant once registered
            Our onlinee Practice Guide 1 explains what deeds/documents need to be submitted and section 4.4.4 provides more detail
            https://www.gov.uk/government/publications/first-registrations/practice-guide-1-first-registrations#lodging-applications-for-first-registration

          • Replies to adamh>

            Comment by Freda posted on

            Thank you for your reply. Two further questions: (1) Will I be required to pay any fee to the Land Registry if I do now register my Deeds. The purchase was in 1963. I know I will have to pay a solicitor as I would prefer to do it through them. and (2) the purchase was in my husband's name only as I was under the age of 21. Many years later, we had a solicitor draw up a deed which puts my name to the title too.Will both names be registered as owners if I now register the deeds.

          • Replies to Freda>

            Comment by adamh posted on

            Freda - yes there is a registration fee although if it is a voluntary first registration the Scale 1 fee is currently reduced by 25% - see the table on page 2 of the attached fee guidance
            https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409737/REGSERVFees_2_2015.pdf
            If the deed did put the ownership into joint names and you applied to register in joint names then it would be registered in joint names

          • Replies to Freda>

            Comment by Freda posted on

            Sorry to be a nuisance. Your answer was perfect. It was my question that was wrong. By "fee", I meant Stamp Duty. When we bought our house in 1963 at £3,500 it was cheap by today's standards, if we bought it today we would obviously have to pay stamp duty. Would it be registered as if it was 1963 or would there be Stamp Duty to pay?

          • Replies to Freda>

            Comment by adamh posted on

            Freda - you are not a nuisance
            Stamp Duty would and should have been paid back in 1963 as appropriate and the deed you have is probably stamped in some way to show this - either large orange/red seals or a Produced stamp perhaps?
            The only 'fee' payable now should be the first registration fee and that would be payable against the current market value and not the 1963 amount.

          • Replies to adamh>

            Comment by Freda posted on

            Hi. It's me again. Based on what you said about title deeds not being destroyed but returned to applicant, I took my title deeds in to my solicitor this morning for him to send them to you for first registration "voluntary first registration". I told him how I used to think they were destroyed once they were registered but now knew differently and he replied "Oh, but they are destroyed. You only get a copy of a digital printout instead".

          • Replies to Freda>

            Comment by adamh posted on

            Freda - when the registration is completed and the original deeds/documents are returned please remember to remind him and to get them back from him

          • Replies to adamh>

            Comment by Mrs MIller posted on

            my late Mother's solicitors were entrusted with the family file including the deeds of my father's then mother's now left to me property which was unregestered. Solicitors ay they haven't got them although there is enough circumstantial stuff to say they had them and have lost them. Because the property is unregistered I need please to now how i may go about getting a copy of the deeds ?

          • Replies to Mrs MIller>

            Comment by adamh posted on

            Mrs Miller - there won't be a copy I'm afraid. Have a read of our PG2 as to what is required to register.
            https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      • Replies to adamh>

        Comment by Carlo Picasso Decorators posted on

        I think she's had all things put in her name etc just not registered it. So if I stay here another 6 years could I claim legal right to it or is that only if owner can't be traced?

        Reply
        • Replies to Carlo Picasso Decorators>

          Comment by adamh posted on

          Carlo - it's not legally in her name until the executor transfers it to her as the beneficiary. As far as your claiming it is concerned you are immediately scuppered as you have been renting it, namely living in it with her consent
          Claiming ownership has nothing to do with whether the legal owner can be traced. All to do with the claimanr's own actions re taking possession
          Practice Guides 4 and 5 explain a bit more but it's a complex law so suggest you seek legal advice
          https://www.gov.uk/topic/land-registration/practice-guides

          Reply
    • Replies to Janice Ashley>

      Comment by NimishP posted on

      Janice - At the time of first registration of a property we would only retain deeds and documents that we thought may be relevant to the registered title.

      Whilst we may have destroyed the documents, they will have been scanned electronically first. So we would still have retained an electronic version of that document, which anyone can obtain by applying in form OC2 and paying the relevant statutory fee.

      Documents that were not retained by Land Registry would have been returned to the applicant at the time. We would have no control over what happens to those documents.

      Reply
  2. Comment by brian robson posted on

    time the land registry came into the 21st century, I bought my house over thirty years ago when it was leasehold but later bought the freehold, when i checked the registry today its still listed as leasehold. To have it amended you have to send in a form by mail together with a cheque for the fee, however fewer people today use cheques and there is no other way of doing it . have they not heard of bank transfers

    Reply
    • Replies to brian robson>

      Comment by adamh posted on

      Brian - I assume you mean that you need to lodge an application to merge the leasehold title into the freehold as they are in the same ownership. Such a merger wil only happen on request so I assume that when you bought the freehold no application or request was made to merge the two tenures.

      The application to merge should be made using form AP1 and this form would have to be submitted by post along with a fee payable by cheque or postal order.

      We are aware that the use of cheques is diminishing and postal orders are rarely used. And that this can frustrate some of our customers. We are looking at ways of making payment by other means including online payment. However at the present time I am afraid we require either a cheque/postal order for such applications but hopefully things wil change in the near future.

      Reply
  3. Comment by James posted on

    We bought our house in 1990 and cleared the final payment in December. The building society state that they sent us the deeds by first class post, but they have not arrived. If they have been lost in the post, what do we need to do prove ownership and do we need to worry that our deeds are floating around somewhere: can anyone use them fraudulently to claim ownership?

    Thank you.

    Reply
    • Replies to James>

      Comment by adamh posted on

      James - the key question is whether the property is registered. If it is then the original deeds/documents will have no legal value with regards proof of ownership for example so the 'loss' is then really just a personal issue around their value for social/historical reasons.

      I imagine the property is registered but if you are unsure and need to check then you can do so online here

      https://www.gov.uk/search-property-information-land-registry

      If the property is listed and information is available online then it will be registered so no need to view/download. If you want to check the registered details though there is a fee of £3 to view/download the register
      As far as property fraud is concerned if the property is registered then anyone wanting to buy or lend against the property would not rely on the deeds. They would be checking with us as to what is registered.

      Reply
  4. Comment by caley posted on

    I had a small mortgage on my house,my mortgage hasnt been collected by standing order since aug 2014,i have deeds for the housedoes this mean ive cleared my mortgage if i have the deeds?,

    Reply
    • Replies to caley>

      Comment by adamh posted on

      Caley - if the property is registered then the deeds will have little legal value. If the lender sent them to you then I suspect that the mortgage has been redeemed but presumably they confirmed this in writing at the time.

      You can check the registered details online for £3 (register view/download) and if the mortgage remains in place then it would be shown as a legal charge in the C Charges Register.
      https://www.gov.uk/search-property-information-land-registry

      Reply
  5. Comment by Kerri posted on

    I'm trying to find deeds which were held by Friends Provident. Is there any way I might be able to locate them?

    Reply
    • Replies to Kerri>

      Comment by adamh posted on

      Kerri - we do not hold the original deeds/documents so I suspect you eould need to ask Friends Provident what they have done with them

      If the property is registered of course their value in so far as proving ownership will no longer exist.

      Reply
  6. Comment by E.Shankster posted on

    I hold Power of Attorney for my friend, who is in a nursing home. I must sell his house to provide funding for his continuing care. He built his bungalow in 1965, and I can find no trace of the house deeds, or any documents relating to them; the property is not registered. My friend is unable to communicate verbally or physically. I am advised to locate the lawyer who acted for him during the building of said bungalow. Any advice on how to go about this would be most welcome.

    Reply
    • Replies to E.Shankster>

      Comment by adamh posted on

      E Shankster - any details re his own purchase would not be recorded centrally so it would, I suspect, be very much a case of searching his own personal records/files for evidence as to who acted for him at the time.

      If he has used a solicitor for other matters over the years then they may hold some clues or indeed his bank/building society?

      Friends and other family matters who may have been close to him over the years may offer some ideas/clues but it is I am afraid very much down to your own detective work to try and identify who may have had the deeds and perhaps track them down.

      I should stress that if you are unable to trace them then any application for registration may have to simply rely on your evidence of the efforts made to investigate the title alone.

      Our Practice Guidance explains what is required and the likely outcome if registration is granted
      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      Reply
  7. Comment by Charlie posted on

    Hi,I am currently looking at buying a freehold property which has a charge on the title deed for the Bank of Cyprus. If I purchase the property will I then become liable for this charge?

    Kind regards

    Reply
    • Replies to Charlie>

      Comment by adamh posted on

      Charlie - in essence yes. The normal conveyancing practice is for the seller to give an undertaking to have such charges removed though so if you are uncertain then I would recommend seeking legal advice

      Reply
  8. Comment by NimishP posted on

    Hi Steve - it's difficult to give any indication on time it may take to resolve the matter as it depends on complexities and legal issues involved. As you are a prospective purchaser at this stage, it is for the registered owners or their legal representatives to pursue the matter with Land Registry
    .

    Reply
  9. Comment by NimishP posted on

    Paul - until Land Registry is notified of the death, the person named on the register remains the legal owner. In practice, following death of the legal owner, it is the person named as executor of the deceased person's estate by the Probate Office who has the power to deal with the matters.

    Reply
    • Replies to NimishP>

      Comment by Paul Hamilton posted on

      Hi Nimish, many thanks for contacting me, your comments were very helpful, I shall have to push the executors to deal with probate.

      Reply
  10. Comment by Mark Jubber posted on

    Hi there
    I am trying to establish ownership of a large garden that connects with my garden. Our ground floor flat was bought from a rather unpleasant developer. He put up a rickety fence cutting off this larger garden and we never thought about it as it wasn't shown to be ours on the site plan when we bought it. Since then a neighbour has been to see plans of her house that was build on land that the owner of our flat (pre-developer guy) had sold to her. She said the garden is ours and states this on plans she saw. If it was free to be sold by the previous owner and the developer hasn't sectioned off the land with another deed, then the land is probably ours? Added to the mix the freeholder has vanished since 1983 and we have records to show this. We have attempted to find him since, but an investigator came back with nothing. Soooo, basically I need to get to the bottom of this and try to track down the deed or similar showing how the land was free to be sold by the owner of the ground floor flat and if it is still owned by the ground floor flat , even though it appears not to be on our deed/site plan. Can I go to Lambeth town hall or something and track down all the documentation of the buildings surrounding the flat so I can get to the bottom of this?

    Thank you
    Mark

    Reply
    • Replies to Mark Jubber>

      Comment by adamh posted on

      Mark - you can often search online to see if the land is registered and if so in whose ownership. If no information is available online or you are unable to identify the land then a postal search of the index map would be the better option.
      https://www.gov.uk/get-information-about-property-and-land

      The local authority are likely to only have details re any planning applications for example rather than old deeds or documents re ownership

      Reply
  11. Comment by Edmund Wilkinson posted on

    I am executor of my father's will - he and my mother bought their house
    in 1968 and it's still leasehold. As his will puts his share of the
    house into trust, their tenancy needs to be "tenants in common" so I'm
    trying to check that. The paper deeds contain nothing later than 1968.
    On downloading the Register details for their address it just shows the
    landlord's holding of the land, with several houses on it, not just my
    parents house. How can I check their tenancy type? Does it not being
    on the search as an individual house mean I need to register the house
    ownership - and at that point could it be registered as "tenants in
    common"?

    Thanks,
    Edmund

    Reply
    • Replies to Edmund Wilkinson>

      Comment by adamh posted on

      Edmund - 1968 may be too early for the lease to have been registered. If it had been then I would expect it to have been listed on the landlord's title under the schedule of leases. From your comment I assume it is not listed though.

      If you searched the address online and only the landlord's title register was available then this is another indication that their lease is unregistered.

      If it is unregistered but the legal ownership is not altering, namely that it is being transfererd to say your mother and a your father's beneficiary, then it is not compulsory to register it.

      However you mention that his share is being put into trust so how that is then protected is something you may wish to seek legal advice on.

      First registration is covered by our Practice Guide 1 as well just in case that is something your Mother wishes to do voluntarily
      https://www.gov.uk/government/publications/first-registrations

      Reply
  12. Comment by KatrinaS posted on

    I need to check the title deeds of our house for two reasons, 1: to date the property so that it can be restored with the correct features, 2: to acertain whether we are legally bound to accept the rain water from the 5 adjourning houses into our downpipe (as this is causing many issues with damp). Yorkshire bank who has our mortgage says that the deeds are noted to be with the solicitor. The solicitor Optima Legal, says that they always return the deeds to the Land Registry. Now I read that you do not keep them either. I have my title number but want the detail on the paper deeds, what should my next action be? Please advise.

    Reply
    • Replies to KatrinaS>

      Comment by adamh posted on

      Katrina - issues of this sort can often crop up simply because different people/organisations view the term 'deeds' in different ways.

      The modern use of the term relates to the register and title plan which we hold electronically - I suspect this is what Optima are referring to

      The older use of the term relates to the original deeds/paperwork associated with the property and used to register it for the first time. Those deeds/papers are returned to the applicant following first registration and very rarely ever resubmitted with us and/or passed on with each change of ownership.

      If your property has been registered for a number of years and/or changed hands a few times then trying to trace the original deeds/paperwork is likely to be a fruitless task.

      So taking each of your points in turn
      1. The origiginal deeds/paperwork rarely reveal how old a property is - they may offer clues but rarely. If you are trying to age your property then our other blog may offer some ideas for alternative means of trying to establish a rough date
      https://hmlandregistry.blog.gov.uk/how-old-is-my-house/
      2. Downpipe - if there were rights/easements relating to such matters which your property is subject to then these would normally be referred to on the register. I would also recommend seeking legal advice as to what obligations (if any) you may be under in general law re such matters as well

      Reply
  13. Comment by Anne posted on

    The title deeds to my property which I bought five years ago originally included land and a house. In 1999 the house was sold but the vendor 'deducted title' which presumably means the land was separated from the house and new boundaries established. The land is now unregistered, but I thought that when part of a title is sold a new title number must be created for the unsold part. Is it possible to unregister registered land? This is what appears to have happened in this case.

    Reply
    • Replies to Anne>

      Comment by NimishP posted on

      Anne - A property cannot be de-registered once it is registered. It could be possible that only the part that was sold was registered at Land Registry while the remaining extent remained unregistered. It is difficult to explain what may have happened without examining the registration history. If you have further queries or need to clarify what happened, I suggest you contact our Citizen Centre with details of the property concerned.

      Reply
  14. Comment by amanda posted on

    I've recently remortgaged and had to add my partner onto the Deeds in order to be accepted by the bank for the new mortgage. Is it possible to have him taken off and for them to go back into my name? Or how do I protect my house if the relationship breaks down?

    Reply
    • Replies to amanda>

      Comment by NimishP posted on

      Amanda - Where a property is jointly owned, removal of a name of one of the registered owners would have to be done by a transfer by both the individuals concerned, unless it is done by an Order of a Court. Depending on the type of the mortgage, the lender may have also entered a restriction on the title which would mean you would have to seek their consent to remove your partner's name.

      I would suggest you seek legal advice on how to protect your interest in case of breakdown of the relationship.

      Reply
  15. Comment by NimishP posted on

    Valerie Smith Splaine Heaton - On the Register of the Title, the first entry of A: Property Register which identifies or describes the land or property concerned, will also reveal if the title relates to a 'Freehold' or 'Leasehold' estate.

    Reply
  16. Comment by Rebecca French posted on

    A house we are trying to buy is being delayed by the deeds which have been lost. A search has been ongoing and we are now told they are in the process of 'reinstating the lost deeds'. Any idea how long this takes?

    Reply
    • Replies to Rebecca French>

      Comment by adamh posted on

      Rebecca - such applications can take some weeks to complete depending on what supporitng evidence has been lodged. This type of applications is currently taking between 6 to 8 weeks but that can be longer depending on the circumstances

      If the matter is urgent as a sale is pending then the applicant should contact us to advise so that we can expedite the matter as appropriate.

      Reply
      • Replies to adamh>

        Comment by JaneF posted on

        Hi I'm not sure what to do next. My dad bought his house in 1960, paying off the mortgage in the late 80s/early 90s. It turns out his property is unregistered and we can't find the deeds. He had a flooding in his house a couple of years ago and the insurance/loss adjusters sent in some storage company to remove belongings, but did a poor job. Since then a briefcase containing the deeds has been missing and my dad believes it has been taken during the removal /storage process. We have contacted the mortgage provider but they dispense with records after being 12 years old, so have no record of his mortgage details. My dad is getting frail and cannot remember the original solicitor as it was so long ago. Will he need a solicitor to apply to make a registration/ how does he prove ownership? What sort of fee is required to make an application?

        Reply
  17. Comment by Ally Gill posted on

    Hi my father passed away and i am sole beneficiary and executor of his will, his house which is freehold and unmortgaged has been left to me, no idea where deeds are and do i need to transfer house deeds to my name and how do i go about this thank you

    Reply
  18. Comment by robertsberyl169 posted on

    We've just received our house deeds and I cannot find anywhere a mention of the company who I pay a nominal amount to for ground rent. Should there be some paperwork as to when they took over the freehold of the property as I only have their word (via invoices for ground rent) that they are actually the freeholders,

    Reply
    • Replies to robertsberyl169>

      Comment by adamh posted on

      Quite possibly but if you are uncertain then I would sugegst asking them to prove to you that they are entitled to the ground rent
      We do register the freehold and/or ground rent as appropriate but if those details are not registered then the onus would be on them to prove the point for you I suspect

      Reply
  19. Comment by Lynsey Davidson posted on

    I have obtained a property via the rules of intestacy the property has no mortgage as was cleared in 2012 by the deceased and I know that they received the original deeds back when the mortgage was paid as confirmed by the deceased children, for the house to be transferred into my name or for me to sell it do I need the original deeds?

    Reply
    • Replies to Lynsey Davidson>

      Comment by adamh posted on

      Lynsey - if the property is registered then you should not require the original deeds
      You will though need probate/letters of administration in order to deal with the legal title

      Reply
  20. Comment by Maxine292 posted on

    We are in the process of selling our house which is situated on a private lane. The previous owners took our an access indemnity insurance when we purchased the property 15 years ago and we were under the impression that the policy was kept with our title deeds. However, we now find that the deeds are kept electronically so could you tell me what would have happened to the policy when the paper deeds were disposed of?

    Reply
    • Replies to Maxine292>

      Comment by adamh posted on

      Maxine292 - when a title is first registered the original deeds and documents are returned to the applicant. Those deeds and documents may then be passed on with each sale of the property but that does nto always happen.
      Indemnity documents or insurance policies are not submitted to us as part of the registration process.
      In the circumstanecs I would suggest tracking back through your own paperwork to establish who may have had it, including any mortgage lender and the conveyancer who acted for both you and the original seller.

      Reply
  21. Comment by Ros posted on

    Please advise. My mother recently died & my father was advised to let Land Registry know so that the house could be put in in his single name and the appropriate form was filled in. Today he received a letter saying that his name does not appear on the register. My Dad paid up his mortgage decades ago, and I have seen the title deeds which clearly show house in both names. What should my Dad do to rectify the situation? Where should we start?

    Reply
    • Replies to Ros>

      Comment by NimishP posted on

      Ros - It would be difficult to suggest what you should do without being aware of the details. I would suggest you email us at customer.service@landregistry.gsi.gov.uk with detail of the property concerned so that we can then give you a proper response.

      Reply
  22. Comment by Geri Anne posted on

    My elderly relative bought a new build house 18 months ago from a local Developer. He has recently applied for the Deeds as they were never forthcoming despite numerous requests. It now transpires that the Deeds are still in the Developers name. This may be due to his solicitor not filling in a TR1 form, this solicitor has since retired and we cannot get a straight answer. There is little or no paperwork available. He has now problems over access to his property and feels unsafe there and would like to move but if he does not hold the Deeds how can he sell the property he has paid for? Really don't know what way to turn and this is really stressful for them. We feel he has been taken advantage of.

    Reply
    • Replies to Geri Anne>

      Comment by adamh posted on

      Geri Anne - can oyu email us at customer.service@landregistry.gsi.gov.uk with the address and name please so we can take a look at what we have on record. Hopefully we can give you either some reassurenace or at least some advice as to next steps.

      Reply
  23. Comment by Russell Steed posted on

    I have a question, my wife and I sold our house 5 years ago, it was a 50/50 shared ownership with the local council. We paid off both mortgages and our solicitor sopposedly transferred the title deeds to the new owers. It now transpires 5 years later that both ourselves and the current owners both have our names on the deeds. We have paid our mortgage, but they cannot due to our names on the deed, who technically who owns what and what are we entitled too, as we are now asked to see a solicitor to transfer the title deeds. Our original solicitors apparently have gone bankrupt.?

    Reply
    • Replies to Russell Steed>

      Comment by adamh posted on

      Russell - you have commented twice so I will try to keem my replies separate as each comment has a little more/less detail than the other one

      Not too sure how they managed to put both sets of names on the title but if that is what happened and it was not an error on our part then as you state you and the other owners would have to transfer the title to just them.

      If the original solicitors have ceased trading then their records should have been taken over by a new firm - you could try contacting their regulatory authority for guidance on this
      http://www.sra.org.uk/home/home.page

      Reply
  24. Comment by Russell Steed posted on

    Hi just recieved a letter from a solicitor about our old house we sold 5 years ago and it seems our names are still on the title deeds after we paid off our mortgage. Who owns what, what should i do, what about legal fees. Our solicitor att the time is now bankrupt am i entitled to anything.?

    Reply
    • Replies to Russell Steed>

      Comment by adamh posted on

      Russell - you need to rely on legal advice really to answer these questions
      Whether you are entitled to anything because, for example, your original solicitor was negligent, is something you would have to check with a new solicitor or the regulation authority.

      Reply
  25. Comment by Gaynor Gregory Concannon posted on

    HI there, my solicitors office has closed down and i don't know where all my documents went when they closed. Would you know who i should contact to find out?

    Reply
  26. Comment by Emma posted on

    I am in the process of buying a property that is unregistered and the vendors state they do not have the title deeds. Their solicitor is writing to the last known mortgage lendor to ascertain if they have the deeds; the mortgage was paid off some time ago. Can anyone advise as to the length of the process to prove the vendors have the legal right to sell the property should the deeds not be located and if this would have a detrimental effect on us trying to purchase the property. Any information would be greatly appreciated.

    Reply
  27. Comment by Julie chapman posted on

    My mum and dad owned there house as tenants in common. When my dad died, for some reason my mum was told that she needed to have another person put on the deeds of the property. Do you know of any reason why ? Does this mean that the other person has equal rights to the property ?

    Reply
    • Replies to Julie chapman>

      Comment by adamh posted on

      Julie - there can be many reasons for changing the ownership in this way although I suspect it may have been to protect your Dad's share in the property, which presumably he had left to someone other than your Mother.

      If the property is in joint ownership then they are seen as the legal owners so any sale for example would have to be completed by the two of them.

      The key I suspect is understanding what else exists re your late Father's share in the property e.g a deed of trust and the joint owner's role in dealing with that.
      I would suggest discussing what happened with your Mother and also speaking to the solicitor who acted for and/or advised her at the time?

      Reply
      • Replies to adamh>

        Comment by Julie chapman posted on

        My dads share is divided between myself and my two sisters. My mums share is also divided between three of us. My mum is worried sick as to why my sister is now on the deeds as she no longer has anything to do with us. When my mum dies, which I hope is a long time in the future, will my estranged sister have full power over the estate ? As she is my deceased dads executor, myself and my other sister are my mums executor. As she is on the deeds will she already own half the house ?

        Reply
        • Replies to Julie chapman>

          Comment by adamh posted on

          Julie - this isn't something we can really help you with as it is really legal advice you need to understand what rights each of you may or may not have.

          Whoever is registered on the title is in essence the legal owner. I assume that this is your Mother and the three of you. If your Mother were to pass away then the legal ownership would rest with the three of you as the surviving joint owners.

          Probate only comes into play as far as the legal title/ownership is concerned as and when all of the joint owners have passed away. You cannot for example transfer a half share in that ownership.

          It should also be noted that if you wanted to change the legal ownership then all of the current registered owners would have to transfer that ownership. If all are not in agreement then only a court could authorise such a change. Again, legal advice would cover this for you.

          Reply
  28. Comment by concerned posted on

    My local parish council is about to apply for a first registration of land that was gifted to the village in the 20's. The land is used as a play area and is bordered by bungalows on one side. It is said that the person who gifted the land specified that it should not be built on, but the actual documents stating this are proving impossible to find.

    Is there anything that members of the parish and the householders who border the land can do? Can they apply to place a covenant on the land or simply register an interest in the application?

    Thank you.

    Reply
    • Replies to concerned>

      Comment by adamh posted on

      Concerned - we cannot advise you on what you can or cannot do legally re such matters and I would encourage you to seek legal advice.

      A 'covenant' can only be placed on the land if it is imposed through a legal deed drawn up by the owner and another party. For example if A owns the land and sells to B then A can impose a covenant in the Transfer deed which then restricts or otherwise new owner B.

      If the land is currently unregistered then registering an interest can only be achieved through a caution against first registration. What constitutes an 'interest' is crucial so again legal advice is recommended
      https://www.gov.uk/government/publications/caution-against-first-registration

      Reply
  29. Comment by NimishP posted on

    Janet - apologies for the delay in replying. When you hand over the deeds is something for your and the buyer's solicitors to agree. It is not something we can advise you. Land Registry will require the original deeds to be submitted as part of the application to register the property.

    Reply
  30. Comment by NimishP posted on

    Rotciv - Apologies for the delay in replying to your query.

    It is difficult to point to a specific area or location as it would depend on what happened at the time of first registration. Generally deeds lodged to Land Registry at the time of registration would be returned to the person / solicitor who made the application. We may retain some deeds if we felt they were relevant to the register of the title.

    You can obtain an official copy of any deeds retained by Land Registry.

    Reply
  31. Comment by NJ posted on

    Hoping someone will help. I bought a house built in 1904 in 2005, only three other couples had ever lived there before me. the deposit I put down was 15`000, the remainder was 79`500. The cost of the house was 94`000. I lived there for five years then slipped into arrears through redundancy. I left my property voluntarily in August 2010 and it was eventually repossessed a year later. I saw it on the market online and it was also rented out at some point between March 2011 &now. I have the original paper deeds, floor plans etc from 1904 up until me purchasing it. There is no record of sale on rightmove,zoopla etc. What I'd like to know is, what the house sold for and why I'm still the title deeds holder. Despite the fact I relinquished the house to the lender (Bank of Ireland) do I still have a legal or financial interest in the property. If not, I'd like to give the current owner the deeds to make it easier for when he/ she sells. All replies appreciated, thanks

    Reply
    • Replies to NJ>

      Comment by NimishP posted on

      NJ - Information on what the property was sold for, when and who are the current owners would be set out in the Title Register of the property. You can purchase it from our online service for a fee of £3.00 or obtain an official copy by applying in a form OC1 together with a fee of £7.00.

      Since October 2003, when the new Land Registration Act came in force, paper deeds became obsolete. Title deeds are held electronically now by Land Registry. The deeds that you hold may be historical deeds that would not prove current ownership of the property but may have other significance in terms of covenants and easements that go with the land. We cannot advise you with regards to if you still have any legal or financial interest in the property. You need to speak to a solicitor or Citizens Advice about that.

      Reply
  32. Comment by Lynne Benson posted on

    My mother is 75 years old (I am 36) she has just moved to a smaller house close to me and an offer has come in for her previous bungalow. I'm unsure where to get title deeds for the sale as my late fathered solicitor has not got them. What can I do now??

    Reply
  33. Comment by dennis sunderland posted on

    I have noticed that I have the original deeds to my house for some years now,if I have these original deeds and not my mortgage lender,do I still have to pay as I was aware that when you finish your mortgage the lender would then send you the original deeds,is that right,sny help on this would be grateful

    Reply
    • Replies to dennis sunderland>

      Comment by adamh posted on

      Dennis - not too sure what you mean by 'do I still have to pay'?
      If you mean do I still have to pay the mortgage then the answer would be yes if you have a loan secured against the property

      Reply
  34. Comment by Paul posted on

    The boundary of a property I am looking to purchase is significantly different in the land registry title plan to that depicted in the deeds. Which takes precedent? Assuming the deeds do, how do I go about changing the title plan?

    Reply
    • Replies to Paul>

      Comment by adamh posted on

      Paul - it is the registered title and therefore proff of legal ownership you are buying and it is important to match this with the reality on the ground.

      If there is 'additional labd' included in the sale then you should query it's omission from the registered title with the seller. This is standard conveyancing practice.

      If the additional land is significant in size then you may find that it is registered under a separate title, which they also own.

      The title plan would not simply be changed to fit as it will have been registered based on the deeds submitted when first registered. It is important therefore to resolve the apparent anomally with the seller initially.

      Reply
      • Replies to adamh>

        Comment by Paul posted on

        Thanks for your prompt reply. How do you go about updating the title register if it is found to be necessary? Also, do you have any idea as to why the title deed would have been incorrectly registered in the first place. The original deeds clearly show the land in question.

        Reply
        • Replies to Paul>

          Comment by adamh posted on

          Paul - any update to the register would be applied for using form AP1

          If you think an error has occurred and you have evidence which you think can put it right then you can apply to have it corrected and supply the supporting evidence.

          Alternatively you can contact us online with the specific details and we can take a look and advise accordingly

          http://landregistry.custhelp.com/app/contactus_general/

          Reply
  35. Comment by NimishP posted on

    Paul - I am not sure what deeds were held by the lender. The Title Register and Title Plan, which together form evidence of ownership, are held electronically by Land Registry since October 2003. You can obtain a copy of them for payment of small fee - see https://www.gov.uk/search-property-information-land-registry
    You can also obtain copies of any other deeds that may have been retained by Land Registry - see https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
    Hope this helps.

    Reply
  36. Comment by Margaret Metcalfe posted on

    Margaret Metcalfe

    We have a shared private sewage system with our neighbours. We cannot find any documents in our legal papers establishing that we have joint responsibility with our neighbours for maintenance etc. Will this be stated in out Title deeds? - if not where might this information be?

    Reply
    • Replies to Margaret Metcalfe>

      Comment by NimishP posted on

      Margaret
      If there were any covenants or agreements set out in a deed, and the deed was produced to Land Registry, it would be reflected by a note on the title register of one or both properties.
      If there is no such reference on the register of the title, then you could check with the solicitors who acted for you at the time of purchase. Generally we only have the original title deeds when land or property is registered for the first time, as we need them to prepare the register. We create scanned copies of some deeds and then return all the original title deeds to whoever lodged them (usually the solicitor or conveyancer acting on behalf of the buyer). They could be with the solicitor who acted for you when you bought the property or with your mortgage company (if you have a mortgage).

      Reply
  37. Comment by NimishP posted on

    Paul - It's difficult to comment without knowledge of full facts but if it relates to a property not registered at Land Registry then there not much we can assist with. With regards to the insurance and any future developments, those are matters for the parties concerned.

    Reply
  38. Comment by Paul posted on

    so then if a copy of the deeds is not proof of ownership how would my children be able to inherit the house should anything happen to me, or if I decide to sell how would the buyer be able to get a mortgage if I don't have proof of ownership?

    Reply
    • Replies to Paul>

      Comment by NimishP posted on

      Paul - if the property is registered with us then the Register of the Title held electronically by us proves ownership of the property. An official copy of the Title Register or Title Plan can be obtained by payment of a small fee. During the conveyancing process, the solicitors acting for the buyer and seller will obtain a copy of the Title Register to establish the ownership and other details.

      Reply
  39. Comment by Paul posted on

    Ok thank you Nimish I think I understand now that I don't need the deeds, as in the past you did. Oh well saves me having to pay a solicitor to store them for me.

    Reply
  40. Comment by May posted on

    My mortgage bank lost my original title deeds. I only have "official copies of the title register". Is it enough to proof of ownership? Do I need to supply a statutory declaration or "statement of truth and verify your ID"? If l decide to sell the house without original title deeds.

    Reply
    • Replies to May>

      Comment by adamh posted on

      May - if the property is registered then any potential buyer/lender would obtain an official copy from us at the appropriate time. The official copy would be the up to date proof of ownership and registered interests and they should then simply need you to provide sufficiant evidence of identity to confirm you were the person named on the register.

      Reply
  41. Comment by Julie Lillywhite posted on

    Hi. I'm administering my father's will, which leaves all his property to his wife, my mother. The house was owned on a joint tenancy basis and I've been told I need to send the Death Cert to Land Registry so that the property can be re-registered in my mother's sole name. However, the property was built by my parents and occupied for the first time in 1977. Your search facility indicates that the property is not registered with you. Can that be right? Also - I'm struggling to find the title deeds. What would these look like if the property was built by the owner? I have the original plans but that's about it!
    Thanks Julie

    Reply
    • Replies to Julie Lillywhite>

      Comment by adamh posted on

      Julie - if they bought in 1977 then it may well be unregistered. Section 8 of our Practice Guide lists the various areas and the 'trigger' dates for registration. If the date listed foir the area is after the date they bought then the odds are that it is unregistered.

      https://www.gov.uk/government/publications/first-registrations
      If the property was in their joint names but unregistered then there is no need to notify us of the death.

      The deeds you are looking for will probably be written on old paper and if very old written in hand. They could be with their solicitor, bank or just as easily in a drawer/box at home. I would start with the bank though.

      If it transpires that you are unable to find them then our Practice Guide 2 explains how to aply for first registration in such circumstances and I would recommend that you consider doing so now rather than wait for a point in the future when you need to get it done quickly e.g. should you need to sell it
      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      Reply
  42. Comment by Julie Lillywhite posted on

    Thanks Adam. This is very helpful. My parents didn't buy the property - they built it, over a period of years on land previously owned by my grandmother. They took a small loan from the then local authority - but that would have been repaid in the early 1980s, so I can't believe the local council would now have anything. I guess my real question is this: when a private person built a house back in those days, were deeds created and if so by whom? The solicitor who conveyed the land, possibly? (Who's also long gone!) Is is possible that there are no deeds?

    Reply
    • Replies to Julie Lillywhite>

      Comment by NimishP posted on

      Julie, just to clarify, we would be recording ownership of the land rather than the property. So, though your parent built the property, our focus would be on the ownership of the land that was purchased by your grandmother. Ideally there would have been some paper deed when your grandmother acquired the land, and similarly when the land passed on to your parents. However, it may be they are lost or destroyed.

      Reply
  43. Comment by Julie Lillywhite posted on

    Ah - OK. I obviously need to do some more digging! Many thanks for your help, Adam. This was really useful. Julie

    Reply
  44. Comment by David posted on

    Hi, the land registry details for our property show a mortgage lender on them, we do not have a mortgage, how can we get this removed? Thanks

    Reply
  45. Comment by Janice Nickless posted on

    My mums solicitor holds her Title Deeds and documents, they say the title is not registered and should do so at quite a cost. Could you tell me if it is necessary to register

    Reply
    • Replies to Janice Nickless>

      Comment by adamh posted on

      Janice - it is not necessary to register until such time as for example she sells/mortgages or she passes away and you inherit.
      I am sure you appreciate that at one point very few properties were registered so selling/mortgaging and unregistered property was commonplace. Over the decades the balance between registered and unregistered has tipped in the other direction aas there are now over 24 million registered titles so dealing with an unregistered property is much rarer.

      There are two main advantages to registering which the solicitor may be alluding to. The first being that once registered teh old deeds and documents are no longer needed to prove ownership and the second being that if at some point she wishes to sell then some buyers can be put off by it being unregistered and it can take a few months to get it registered in which time the sale may fall through.

      The choice though is hers and our Practice Guide explains how to apply for first registration
      https://www.gov.uk/government/publications/first-registrations

      Reply
      • Replies to adamh>

        Comment by Janice Nickless posted on

        That is really helpful thanks very much for your reply

        Reply
  46. Comment by Moi posted on

    I am about to pay off my mortgage next month. My current mortage lander is Nationwide. Just wonder what I need to do have to proof that I am sole owner of the house. Do I need to contact Land Registry to let you know that I have paid off the mortgage and alter the title deeds details. Do you know if nationwide hold the title deeds and will they return the deeds to us once we pay off the mortgage?

    Reply
    • Replies to Moi>

      Comment by adamh posted on

      Moi - Nationwide I suspect will contact us directly to confirm that the mortgage has been redeemed and ask for it to be removed from the registered title.
      I would check with them as to whether they then notify you that it has been done and/or to ask if they have any deeds to return to you

      Reply
  47. Comment by Lincoln posted on

    Hi I'm just looking at my title deeds and I have a declaration of trust for my property to be held as joint tenants with my wife. Form TR1 says we as transferrees should sign the form if there are any declarations. However we did not sign the form. Is it necessary for me and wife to sign the form TR1 and thus for the declaration and deed to be valid

    Reply
    • Replies to Lincoln>

      Comment by adamh posted on

      Lincoln - if the Transfer has yet to be registered then you should execute it accordingly. If it has already been registered then you will not be able to do so retrospectfully.
      Matters regarding how you wish to hold the title can be capture din other ways as well so it may be worth discussing whether this has been or was done with your conveyancer

      Reply
  48. Comment by Sara posted on

    We handed over the deeds of our old house when we moved to our new home which is over 130 years old, as with Janice, the previous post, we looked forward to seeing the original paper deeds, and the history of our new house. Have been told by our solicitor we can't have them as everything is now electronic, what's happened to them ? Surely they would not have been destroyed without asking the owner if they would like them? It's rather sad to think they've just been destroyed!

    Reply
    • Replies to Sara>

      Comment by adamh posted on

      Sara - the simple answer is that they simply were not handed over at a previous time when sold for example.
      As the blogt article explains the old deeds and documents are lodged when the property is first registered by us but then returned to the applicant. What happens then to them is up to the owners/solicitors/lenders an whilst sometimes they are handed over with each sale, as in your example, that is not always the case.
      They are though not held by us or destroyed by us

      Reply
    • Replies to Sara>

      Comment by adamh posted on

      Sara - the simple answer is that they were probably not handed over at a previous time when sold.

      As the blog article explains the old deeds and documents are lodged when the property is first registered by us but then returned to the applicant.

      What happens then is up to the owners/solicitors/lenders and whilst sometimes they are handed over with each sale, as in your example, that is not always the case.

      They are though not retained by us, stored electronically by us so we would not be in a position to destroy them.

      Reply
  49. Comment by Sheila Moores posted on

    Why does my property have 2 Title numbers ?

    Reply
    • Replies to Sheila Moores>

      Comment by adamh posted on

      Sheila - this can be for a number of reasons although the most common are that they were registered at different times or they relate to different tenures e.g. freehold and leasehold.

      The fact that there are two title numbers has little impact other than you may need to refer to two instead of one when completing any dealings with the property.

      Reply
  50. Comment by Sara posted on

    Hi, thank you for your prompt reply. I will go back to my solicitor to see if she can help locate them.
    Kind regards. Sara

    Reply
  51. Comment by Wendy Sharman posted on

    I need to see the restrictive covenants on my property - they are not on the title deed I have just purchased from Land Registry

    Reply
    • Replies to Wendy Sharman>

      Comment by adamh posted on

      Wendy - if the register makes no mention of restrictive covenants then there are none. Not all titles will have such covenants so you can assume none were imposed.

      Reply
    • Replies to Wendy Sharman>

      Comment by adamh posted on

      Wendy - if the register makes no mention of restrictive covenants then you can assume that the title is unrestricted.
      Not every title/property will be restricted so it is not unusual for there to be no mention of restrictive covenants

      Reply
      • Replies to adamh>

        Comment by Wendy Sharman posted on

        I know there is a restriction from when the property was purchased 9 years - the Title deeds I have download mention another tittle Number "Original filed under BM " (not sure if I should quote the number here.) but I cannot find a way of getting anything - a search on that number says not found.

        Reply
        • Replies to Wendy Sharman>

          Comment by adamh posted on

          Wendy - if the register refers to restrictive covenants then these would be mentioned in the C Charges Register.

          If it does refer and the covenants are lengthy then we will often refer to them and then add a Note stating Copy filed, namely a copy of the deed is held by us on record.

          If that is what you have here and it states Copy filed under BM..... then you can apply for a copy by post using form OC2 as explained in our online guidance
          https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

          Reply
          • Replies to adamh>

            Comment by Wendy Sharman posted on

            OK - so they only way to see them is by post
            I will send off the form now.

  52. Comment by Karen g posted on

    After separating from my ex I purchased my property outright, agreeing on a settlement figure based on estate agents valuations. For info my property is made up of three separate title deeds due to additional land purchased.
    It has recently transpired that my solicitors at the time, who have since gone into administration!, only changed two of the title deeds, omitting one for an extra piece of garden purchased.
    It is blatantly obvious that this piece of garden is included in the property as a whole however my ex is refusing to sign off the title deed without me paying them half the amount the land is worth, even though this was included in the original estate agents valuations.
    Can I have the title deeds changed to my sole name without having to pay my ex any additional money?

    Reply
    • Replies to Karen g>

      Comment by adamh posted on

      Karen - if the title is registered in joint names then you have three options I suspect

      The two of you complete a fresh Transfer from the two names to just yours - he is refusing to do this without payment it seems but whether he can do so or not would be something to seek legala dvice on

      You go to court and the court orders that the title be transferred

      or You contact the Solicitors Regulation Authority and establish which firm was appointed to take over the work/records of your original solicitor's firm. You can then approach them to see if they are able to resolve the matter for you although they would still have to secure your ex's involvement as explained in options 1 and 2.

      Reply
      • Replies to adamh>

        Comment by Karen g posted on

        Many thanks for your reply.
        Would you be able to advise whether this situation will prevent me from remortgaging as there will be two title deeds solely in my name and a third in joint names still?

        Reply
        • Replies to Karen g>

          Comment by NimishP posted on

          Karen G - it would not be possible to have a single mortgage covering all the three titles when one of them is held in a different ownership capacity than the other two. I would think the lender will want all the titles to be in the same ownership before considering your application.

          Reply
  53. Comment by Paul H posted on

    Hi, I'm about to pay off the mortgage on my 170 year old house which is registered. I would like to trace the original deeds paperwork and from reading this forum it seems the best place to start is with the person or their solicitor who sent the paper deeds to the Land Registry to first register the house. Is that correct? How can I find the person's or their solicitor's name?
    Thanks
    Paul

    Reply
    • Replies to Paul H>

      Comment by adamh posted on

      Paul - I assume your lender does not have them already and if so then as you suggest the original applicant would be the place to start. However IF we are dealing with a first registration from some years ago then there is a risk that that they may not have any records available - there is though no harm in enquiring.

      If you contact us using our online form and provide the property details and ask the specific question re who applied then we can check our files and advise - you are likely to have to then apply for a copy of the application form used but we will advise on that in our response.
      http://landregistry.custhelp.com/app/contactus_general/

      Reply
  54. Comment by Jo McN posted on

    We had a mortgage with Clydesdale bank but moved it in Jan15 they sent a 'release of title Deeds' letter stating 'as this mortgage has now been repaid, you can request for these title deeds to be returned'. I phoned and asked them to be sent out on the 16/01 to our home address. The bank said it would take two weeks. We never received them so I then phoned back to be told by the bank they had sent them to the 'Land Registry' and they would post them out. I take it this is not the case as they still haven't arrived. Would I be best to contact out current bank (who holds our mortgage) and see if they have them? Thanks Jo

    Reply
    • Replies to Jo McN>

      Comment by adamh posted on

      Jo - I would be surprised if your previous mortgage lender would have passed them on to your new one based on what you have posted.

      They would not have sent them to us as the mortgage (legal charge) is removed from the title electronically.

      The key thing is likely to be whether they actually had them in the first place - the release letter implies they may have had something but if you want to pursue the matter then it should be with your original lender.
      And if you bought not too long ago the conveyancer who acted for you may have a record of what deds (if any) were in fact handed over by the sellers.

      Reply
  55. Comment by maureen garland posted on

    If the person that is on the title deeds dies and the deeds are not passed on through a will. What happens to the land.We have been paying ground rent to the title deed holders grandson for 26 years. I have asked to buy the freehold which he has agreed to but is not sure if the title deed has been transferred.

    Reply
    • Replies to maureen garland>

      Comment by adamh posted on

      Maureen - if there is no will then the law around inheritance clicks in.
      So if the grandson has inherited he would apply for letters of administration through the probate service and then deal (sell/mortgage/lease) with the land as appropriate.

      Reply
  56. Comment by maureen garland posted on

    what if there was a will and the title deeds where not mentioned

    Reply
  57. Comment by maureen garland posted on

    There was a will and everything was left to the daughter but the land was not mentioned this was over 25 years ago. If they have not had the title deeds tranferred in this time, is the land still theirs?

    Reply
    • Replies to maureen garland>

      Comment by adamh posted on

      Maureen - you will need legal advice on this to understand who owns what and who is entitled to what legally as we do not deal directly with wills/inheritance.

      In very basic terms where land/proeprty is registered the legal ownership is confirmed by the register. If that legal ownership has altered on death but the change has not been registered then the legal ownership is handled by the executor as named in the probate.

      So the issue of whose land it now is will be a combination of both the register, the will and the law around inheritance/probate as appropriate

      Reply
  58. Comment by Jacky O'Brien posted on

    Hi, we bought our house 13 years ago paid in full, we thought that the solicitors we delt with had our deeds, unfortunately they are no longer in business, how do we go about finding them as we want to get some names changed on them. Thanks Jacky

    Reply
    • Replies to Jacky O'Brien>

      Comment by adamh posted on

      Jacky - if the firm is no longer in business then their records should have been passed on to a new firm. You can check with the Solicitors Regulation Authority.

      If the property is registered then locating the deeds to change the names should not be required.

      Reply
  59. Comment by Emma posted on

    Hi, my mother bought a freehold, new-build property in 2009 with her unmarried partner. They bought it for cash (i.e.. no lender) and they owned the property as Tenants in Common. My mother died unexpectedly and suddenly last year (intestate) and her partner is not co-operating with me as next of kin. I've made many enquiries (which are still ongoing) but I don't know which solicitor they used to purchase the property, or what percentage share each of them had. I do have a copy of the register with title number etc. but this does not show what share each of them had. Can I get this information by applying for a copy of the deeds? Many thanks, Emma S

    Reply
    • Replies to Emma>

      Comment by adamh posted on

      Emma - we may have some record re the shares but only if those details were included with the application

      If you contact us using our online form and quote the address/title number and what it is you want to know then we can check our records and advise.

      If we do have the details then you would have to apply by post but we will advise in our email as to what we have, how to apply and the costs involved
      http://landregistry.custhelp.com/app/contactus_general/

      Reply
      • Replies to adamh>

        Comment by Emma posted on

        Thanks so much for this helpful and prompt reply. I have completed the online enquiry form. What great service!

        Reply
  60. Comment by raycloon posted on

    Hi. I have a mortgage, but I also have the deeds in my possession.
    If I were to stop paying, is the house legally mine ?

    Reply
    • Replies to raycloon>

      Comment by adamh posted on

      raycloon - the house is already legally yours but you have secured a loan against it so the lender has a legal hold over it, especially if you stopped paying the mortgage and in essence defaulted on that loan.

      Possession of the deeds has no legal bearing if the property is registered as the details of ownership are proven by the electronic records we hold and not by who has the original/old deeds

      Reply
      • Replies to adamh>

        Comment by raycloon posted on

        Hi Adam
        Thanks for your prompt reply. I thought as much, I'll have to keep doing the lottery !....thanks.

        Reply
  61. Comment by Julie Jackson posted on

    My sister died recently without leaving a will. My older brother applied for probate and has been granted a grant of administration. However when the solicitor handed over the deeds to the property they were still in the name of my sisters husband who died in 2003. We do not know why this wasn't changed. My brother has the probate forms and letters that my sister had when she did the probate for her late husband. My brother took all the correct paperwork to both banks which held an account for her. The forms he was given to close the account both stated she didn't have a mortgage or any other account or charges with these banks.The house has now been sold subject to contract, we informed the solicitor dealing with the sale about the name on the deeds. My brother still has the deeds at home. Now Lloyds Bank has said there is a charge on the property? We have the berevement forms which clearly state she didn't have a charge or mortgage on that property. We have her bank statements and no money has been taken for any mortgage.We assumed her late husband had life insurance which would have paid off any money owing on that property. We have the deeds, surely the lender would have kept them?

    Reply
    • Replies to Julie Jackson>

      Comment by adamh posted on

      Julie - if there is a charge registered against the title then this will need to be removed to enable the sale to go through.
      You state that the property is still in the late husband's name so I would assume that the charge was secured by him so any investigation would be with regards his bank accounts and not hers.
      If you have not contacted the lender referred to on the register then I would recommend doing so

      Reply
  62. Comment by Gabi Wootton posted on

    I bought my house 10 years ago. The solicitor involved is no longer practicing. Not sure why - his name is Simon Swaffield and was based in Kidderminster, Worcs. I have no contact details, but have met him in my town twice and he has promised to try and find them.....that was in January

    Reply
    • Replies to Gabi Wootton>

      Comment by adamh posted on

      Gabi - wne a solicitor of firm ceases to operate their records are normally taken over by another firm as designated by the Solicitors Regulation Authority.
      If Mr Swaffield cannot assist then it may be worth contacting the SRA as well

      Reply
      • Replies to adamh>

        Comment by Gabi Wootton posted on

        Thank you. When I last spoke to him he implied that they may be 'in a cellar'

        Reply
  63. Comment by Richard Morey posted on

    Hi
    My mother has recently passed away having lived in her house for over 50 years. The property was not registered and the deeds have been lodged with a solicitor for safe keeping. I am in the process of selling the property and the solicitor appears to have mislaid the deeds. What can be done? I don't think the purchasers mortgage company is happy about the prospect of a statutory declaration and possessory title. Thanks

    Reply
  64. Comment by Susan posted on

    Hi, we are in the process of purchasing a property and we have received the title deeds but the map included is for a completely different house, in a very different town. I understand the solicitors are now in touch with land registry to sort this out but I was wondering what the implications of this may be, what if there now is no original documents? What is the process when the documents are uncorrected?

    Many thanks

    Reply
    • Replies to Susan>

      Comment by adamh posted on

      Susan - sounds like it is most likely a typo error than a mapping one but I would not expect it to be an issue to sort
      email me the address or title number at customer.service@land registry.gsi.gov.uk and I'll take a look

      Reply
      • Replies to adamh>

        Comment by adamh posted on

        Susan - I have picked up your email and will respond

        Reply
  65. Comment by Chris Jon Ryley posted on

    My mother died leaving the house to me. The will stated that the original deeds were stored at her bank, however they said they didn't have them so they are lost. I have tried searching for a digital copy but it appears the house is not registered with Land Registry as my mum had owned it since 1966. I would like to sell but am not sure how this can be done without deeds and I am also not sure how to register without said deeds

    Reply
  66. Comment by Rosie Ludick posted on

    I got an RD house. I never received my title deed. Am I compelled to pay for rates, sewerage and water

    Reply
    • Replies to Rosie Ludick>

      Comment by adamh posted on

      Rosie - I don't know what an RD house is I'm afraid.
      If you are the legal owner then I would imagine that you are compelled to pay for such things though

      Reply
  67. Comment by Lucy Lou posted on

    my neighbours deeds dated 1962 show her property, however her property was not built until 1977. The boundary is marked on her deeds with a T on my garden. Yet the deeds for my property dated 1968 when my property was built mark the boundary with a T on their garden. Neither of us have any amendments. We are currently replacing the fence jointly, however I would like to know who the boundary belongs to for future reference, ie selling our property.

    Reply
    • Replies to Lucy Lou>

      Comment by adamh posted on

      Lucy Lou - who the fence belongs to and who is responsible for maintaining it can be separate things simply because if one owner puts up a fence they they own the materials for example.

      The old deeds and the covenants you refer to can help neighbours in agreeing who is going to be responsible but they are rarely the sole defining information on such things.

      A covenant of this sort imposed in 40/50 years ago is unlikely to still legally bind a current owner where the properties may have been sold several times since.

      Furthermore if the covenants contradict one another then it is often best to treat the boundary as a shared/party boundary and then agree a way forward.

      Reply
  68. Comment by anna.ziema posted on

    Good morning,

    I have recently purchased a flat (leasehold) and I have used a local solicitor as a conveyance agent. Upon the completion I have received a copy of the lease which is signed by myself and the solicitors I have used, but not by the other side, which is Rochdale Boroughwide Council. In addition to that I have been issued land registry documents which consist of:
    1) Copy of register of the title,
    2) Title plan (an ordnance survey map)

    This is a first occasion I am buying a property. My solicitors insist these are all the documents I should get, but I am not convinced. Could you please advise me If the lease should be signed by both sides and should I get the property deeds since it has been paid off fully.

    Thank you for your time,
    Anna

    Reply
    • Replies to anna.ziema>

      Comment by adamh posted on

      Anna - as the blog article mentions once a property is registered the old deeds/documents are largely superfluous as to proving ownership and as such are rarely handed over each time a property is sold.

      In the case of a leasehold title such old deeds/documents will normally relate to the freehold and not the part being leased so it is even less likely they would be handed over.

      When a lease is granted there are normally 2 versions available, the second being known as the counterpart lease. The landlord and tenant will execute one version and then often exchange them but that can vary depending on circumstances.

      The copy register and title plan confirm the recent changes for you but they are not then used to prove you own it as and when you come to sell for example, so they are not 'deeds'. A future buyer for example would obtain an up to date official copy from us at the appropriate time. The lease though would need to be handed over to them.

      Reply
      • Replies to adamh>

        Comment by anna.ziema posted on

        Thank you for a quick respond.
        I guess before I remortgage the flat I will have to provide bank with up to date Land registry documents to prove the ownership.

        Reply
        • Replies to anna.ziema>

          Comment by adamh posted on

          Anna - the bank will obtain the informaiton direct from us. You will need to prove that you are the person as named on the register. They will not ask you to provide a copy of the register for example

          Reply
  69. Comment by Kent Vespa posted on

    How do I find the deeds to a property that were in the hands of a firm of solicitors that have closed down? They dealt with the process of transferring property ownership to my parents from an aunt. Property is still in the name of the aunt who died 10 years ago and the property was'nt listed in her will.

    Reply
    • Replies to Kent Vespa>

      Comment by adamh posted on

      Kent - you should contact the Solicitors Regulation Authority to ascertain which firm was appointed by them to take over the records from the now closed firm

      Reply
  70. Comment by Kent Vespa posted on

    Thanks for the response. I've done that but unfortunately they say that the system is not listing anything probably due to this problem being before they set up the system. Oh for an easy life....lol

    Reply
  71. Comment by NimishP posted on

    Nick – I am hoping the information that I have set out below will answer your questions and help deal with your father-in-laws anxieties.
    If a land or property is registered with us then you do not need to hold title deeds to prove you are the legal owner. We hold details of all registered land or property electronically. In the past when we registered land or property we used to issue documents called either:
    • a land certificate (where there was no mortgage on the land or property), or
    • a charge certificate (where there was a mortgage on the land or property).
    We no longer issue these certificates and any in existence have no legal status.
    Most mortgage companies now have a policy of not holding any deeds for registered land or property; they rely on our electronic records.
    If you or anyone else wants to confirm ownership of registered land or property then you/they can apply for an official copy at any time – see Search for property information from Land Registry
    Generally we only have the original title deeds when land or property is first registered, as we need them to prepare the register. After registration, we would return most of the original title deeds to whoever lodged them, usually the purchaser's solicitor or licensed conveyancer.
    We may retain some of the deeds if we feel it is necessary to do so. Such deed would be scanned electronically and the original destroyed after that. If the register refers to deeds being 'filed' this means we should have kept a scanned image. For further information, see 'Get a copy of the deeds’.
    If the land or property is not registered, the title deeds may be with the solicitor who acted for your in-laws when they bought the property. If you have a mortgage your deeds may be with your mortgage company.
    With regards to the tenancy status, we would not be able to tell precisely which kind of joint ownership your in-laws may have held the property under. When the joint tenancy of property owned by more than one person is severed, our practice is to enter a specific restriction on the title. People often think that such a restriction in their title register means that they are tenants in common. But that is not always the case as the same restriction can be registered for other reasons. For example, we have to enter this restriction when we register joint owners but it is not clear what type of joint ownership they have. On the other hand there could be a situation whereby the joint owners have severed their joint tenancy but failed to formalise it by notifying us.
    If you wish to establish the status of tenancy, there may be information about the type of joint ownership in:
    • a transfer to your in-laws, or
    • a lease to them, or
    • a ‘trust deed’, which is sometimes used to state each owners share in a property when they are tenants in common particularly where joint owners are not related and pay different amounts of money for the property (we do not normally have copies of trust deeds), or
    • a will under which they inherited the property, or
    • a deed which gifted the property to them, or
    • application forms sent to us when we registered them as owner(s), for example:
    o application form FR1, or
    o application form AP1, or
    o application form ADV(1), or
    o form JO (if you were registered as joint owner(s) on or after 15 October 2012),
    o transfer or lease to them.
    If they have used any of the above forms you can get copies of them from us, for a fee.
    If there is no record of the type of ownership, or it isn’t what you thought they may have agreed, then we would suggest your father-in-law speak to a conveyancer about it.
    Apologies for a lengthy response but hope it helps to clarify our position.

    Reply
    • Replies to NimishP>

      Comment by Nick Ingram posted on

      Thank you Nimish, that helps a lot. Would it be right then to assume that when the sale of part of the land to a developer was done they must have had the Title Deeds. The house otherwise has been in their hands for over 50 years so pre dates the on-line process so would be in your system

      Reply
      • Replies to Nick Ingram>

        Comment by NimishP posted on

        Nick, apologies for the delay in replying.
        You are correct in assuming that there would have been some deeds when the sale would have taken place. If it was long time ago, then the practice would have been for those deeds to be retained by the owners or someone like a Solicitor or Bank to hold on their behalf.

        Reply
  72. Comment by martin posted on

    i bought a bungalow about 9 years ago for total refurb.when i completed the work my mum and dad who lived in a flat needed to live somewhere they could be more moblie,so they paid £200,000 as part owners as this wasent enough to buy it .so my Dad pays the mortgage he is 84 but he is concerned that as the mortgage is in my name,is there a document we can have made up to state that he has full ownership once mortgage is paid off from the sale and all moneys left after repaying the mortgage will go to him.

    Reply
    • Replies to martin>

      Comment by adamh posted on

      Maretin - you will need legal/financial advice re this as essentially your father is seeking to protect his/their interest in some way.
      I would strongly recommend getting legal advice to understand what options are available and which is best to suit both your's and his circumstances

      Reply
  73. Comment by martin posted on

    i have a bungalow which my mother and father live in the mortgage is in my name .i want them to be the legal owners of property, or can there be a document made that after the sale they would have all proceeds.my dad is to old to have mortgage in his name .

    Reply
    • Replies to martin>

      Comment by adamh posted on

      Martin - whilst you can transfer the legal ownership to your parents this may not be the best option and I would recommend seeking legal advice.
      Your mortgage lender may also not agree to such a transfer and much may depend on what was arranged at the time of the mortgage as to what options are available to you now

      Reply
  74. Comment by Karen Ann Young posted on

    My son's ex wife owns property through a business she is director of.... she has a mortgage on this in the name of the business but when we checked the land registry there is someone else's name registered to it?? Can you tell me what this means??

    Reply
    • Replies to Karen Ann Young>

      Comment by adamh posted on

      Karen - the register will refer to the registerd owner of the property in the B Proprietorship Register.
      Any registered interests such as a mortgage or load secured against the property will normally be shown in the C Charges Register as registered legal charges.
      I'm not sure whether you mean someone else's name appears in the B or C Register but hopefully the above explains what should be where for you

      Reply
  75. Comment by stevie smith posted on

    hi there I have just paid off my mortgage with the bank and they have sent a letter stating that the standard security which i signed to secure the mortgage is registered at the sasines register and i need to take deeds to a solicitor so that they can prepare a discharge document? is this standard practice and if so is it expensive?

    Reply
    • Replies to stevie smith>

      Comment by adamh posted on

      Stevie - sasines is a term used in Scottish land law I believe so if the property is in Scotland you will need to contact the Registers of Scotland.
      We deal with England and Wales only

      Reply
  76. Comment by Tracey posted on

    I am about to inherit a property but my solicitor says that they cannot find the deeds. My father has had the property for about 35 years... what can we do?

    Reply
  77. Comment by vikki scott posted on

    Hi, we are looking at buying a property, its a deceased estate but it doesnt appear to be registered on the land registry (neighbouring properties on both sides are) we are told by the estate agent that it has been in the family for over 100 years, is it possible that it has never been registered? if so how would this affect our purchase of the property? will we have to pay for it to be registered?
    thanks

    Reply
    • Replies to vikki scott>

      Comment by adamh posted on

      Vikki - if it has bene in the family's ownership for that long then it is very unlikely to be registered. Part of the conveyancing process would be to confirm this.

      If you go ahead with the purchase then you would then need to apply for first registration and pay the registration fee. There would be a fee if it were already registered as well though.

      How the situaiton affects your purchase is something your conveyancer should advise on.

      Reply
  78. Comment by Rob Hill posted on

    I have been asked to find out what land we own around our building and as it is not registered, to get it registered. My problem is that its the only medieval church built from start to finish during the time of reformation and in the centre or York! How do I begin!?

    Reply
  79. Comment by Keith Robinson posted on

    we have been told by a neighbour who is selling his house that the tile deeds were not "lodged" with the land registry. Is lodging the same as reregistering the deeds? How do I find out about my house?

    Reply
  80. Comment by Tim Topham posted on

    Could you, please, tell me if anyone can sell a house whose deeds are NOT in their name ? The property concerned is in Eire and was for some reason omitted from probate when the owner (whose name is still on the deeds) died in Essex in 1965. The property should have passed to 6 siblings. One sibling has been allowed to reside there for the last 50 years rent free and there is a concern that the other siblings may now not get their inheritance. There is also a suspicion that the resident sibling, who actually now lives in a home, has done a deal with a local builder. It'a all very complicated. We haven't yet managed to find the deeds although, a local Irish solicitor told us that the deeds were still in the name of the original owner (the siblings' mother) suggesting that he knows where the deeds are, I would have thought. Help !!! Thanks. Tim

    Reply
  81. Comment by jim posted on

    I am a trustee of a tennis club which owns it's freehold , i have got a copy of the title register , but cannot trace the deeds , we have new trustees and want to enter them on the title register , do I need the deeds ?

    Reply
    • Replies to jim>

      Comment by Ian posted on

      Jim - The old deeds should not be required if the property is registered as those applying (e.g. a solicitor) can draw up a transfer document or deed of appointment to register the new trustees.

      But we'd recommend you seek independent legal advice if you're unsure how to proceed.

      Reply
  82. Comment by carol macrae posted on

    I live in Caithness and trying to find out about my title deeds regarding the Council property I live in..Having a battle with my neighbours as I think they own more than they should..Thanks

    Reply
    • Replies to carol macrae>

      Comment by SteveLR123 posted on

      Hello Carol

      We only deal with land in England and Wales. For land or property in Scotland please enquire with Registers of Scotland: Edinburgh Customer Service Centre, Erskine House, 68 Queen Street, Edinburgh EH2 4NF. Or visit the Registers of Scotland website. https://www.ros.gov.uk/contact-us

      Reply
  83. Comment by richard reynolds posted on

    Does anyone know what 'Price Stated' means on property deeds. The house was purchased many years ago for less than £10,000 yet on the title register it states £155,000, but there is no lender and its not in probate. Thank you

    Reply
  84. Comment by Ian posted on

    Hello. I am sorry to hear of your disappointment about the digital copy of the 'deeds' that you have bought. The amount paid indicates that you have been dealing with a third party commercial provider and not Land Registry.

    We are aware there a number of commercial sites on the Internet reselling our information. However, we have no association with these commercial providers other than as customers who buy information from us. As long as these websites are not deliberately misleading their customers by claiming to represent Land Registry, legally, they can resell property information when the same information can be obtained from us and, in some cases, charge more than the equivalent Land Registry fee.

    We have been and will continue to monitor the actions of these sites, however, we do not have any sort of regulatory function, and unless a website is deliberately misleading they are within their rights to operate commercially. It would be also be anti-competitive for us to restrict the way this information can be used which is why we cannot regulate this kind of activity.

    Commercial websites do normally explain that they are independent companies charging the customer directly for the information provided. In any event, Land Registry’s official pages can be distinguished from all others by have ‘gov.uk’ in the ‘URL’ address - https://www.gov.uk/government/organisations/land-registry .

    Turning to your comments about historical information in relation to your own property no longer being available I am also sorry to hear this. But as referred to in previous posts, whilst the original conveyancing documents would have been lodged with us to prove ownership when your property was first registered, it was normally not our practice to retain them. Instead we would usually retain copies of certain deeds and return the originals to the applicant – usually the conveyancer/solicitor acting. If there was an outstanding mortgage, the originals would invariably have been passed to them.

    In the past, lenders would have held the original conveyancing deeds along with the Land/Charge Certificate (containing a copy of the register/title plan) which were also often referred to as the ‘title deeds’. In conjunction with the conversion of almost all our records into electronic format, we stopped producing the Land/Charge Certificates. But the information contained in the register/title plan essentially remained the same.

    The changes were a vital step in modernising systems to meet the needs of the electronic age and facilitating the implementation of an electronic registration system.

    Third parties were responsible for dealing with any original conveyancing documents in their possession usually in accordance with their establish document retention policies.

    I hope this information is useful in explaining our role.

    Reply
  85. Comment by NimishP posted on

    Kevin - Land Registry will grant a possessory title where either the land was acquired through Adverse Possession or where the owner(s) failed to provide documentary evidence to the title.

    A possessory title, whether freehold or leasehold, can be upgraded to either an absolute freehold or a good leasehold title once the possessory title has been registered for 12 years. Please refer to our Practice Guide 42 on how to do this. https://www.gov.uk/government/publications/upgrading-the-class-of-title/practice-guide-42-upgrading-the-class-of-title

    The date on which the title was first registered is stated in the property register, taken as the date on which the first proprietor was registered.

    How a Possessory title may affect you selling the property in future is not something that I can assist with. It would be up to the market conditions and what were the reasons for a Possessory title being granted in the first place.

    Hope this helps.

    Reply
  86. Comment by Dev posted on

    My mother who owns 2 adjoined terraced houses (1 deed), recently applied to have the deed split to form two equal properties.
    Once the process was completed by the Land Registry all that was sent to her were a copy of the title plans and a copy of the title registers for each of the two properties.

    She previous held one informative deed which covered both properties however this deed has almost been made redundant now that the property has been split.
    As a matter of process where does my mother need to go in order to have two deeds drawn up (is it necessary?) as she wishes to remortgage only one of the properties and feels that the new paperwork she has received (title plan and title register) may be insufficient to present to a bank or building society (not sure if that is actually the case?).

    Any advice or assistance you may be able to offer woould be most appreciated.

    Thanks,
    Dev

    Reply
    • Replies to Dev>

      Comment by adamh posted on

      Dev - I suspect you are right that drawing up two deeds is no longer required here.
      If she is remortgaging just one title then that is all the lender will want to see/consider
      It sounds as if she split the title in order to satisfy the lender so that's what she now has

      Reply
  87. Comment by Lucy Pickering posted on

    Hello! Quick question - do you keep scanned copies of the TR1 forms? If so, what procedure should I follow to request them? Much appreciated.

    Reply
  88. Comment by Herman posted on

    Hi
    Freehold property built 1950's unregistered at time of death of brother in law 4 years ago. Sister was sole occupant and still married at time of brother in law's death - property passed to her. Mortgage paid off 30 years ago. The solicitor undertaking probate asked for the deeds and was told they had been lost, so property was registered in sister's name to that effect.
    She has now died intestate last year and the administrator has assented the property to me this year with limited guarantee - which I understand to be the correct form. I am now in process of selling the property but the purchaser's solicitor is worried about the lack of deeds/ late registration.
    Ten years time period has been mentioned for selling with the aforementioned history, which has me worried, but I have now found the original deeds, conveyance and mortgage with letter confirming full payment.
    What do you suggest I do with the deeds - update the Register? Is the 10 years to sell a red herring? Thanks

    Reply
    • Replies to Herman>

      Comment by adamh posted on

      Herman - I assume that the property was registered as Title Possessory in the sister's name but if so then how long ago was that?

      The 10 years is unlikely to be a red-herring as that time period can come into play re possessory titles/claims

      If the registration was based on 'lost deeds' and these are now found I would suggest making an application to upgrade the title on that basis and would strongly recommend speaking to a solicitor to confirm and arrange this.

      Reply
  89. Comment by Herman posted on

    Hello Adam
    The property was registered 3 years ago in her name. I believe that a Statutory Declaration was signed by my sister at that time, but that for some reason she said she did not have the deeds - I just found a letter confirming her receipt of same in the 1980s.
    Thanks indeed for the advice - much appreciated.

    Reply
    • Replies to Herman>

      Comment by adamh posted on

      Herman - that's fine and in that case I would be considering an application to upgrade based on the deeds having now been found.
      Obviously we won't know whether they are sufficient until submitted but it sounds promising and would hopefully resolve any concerns the buyer's solicitor may have re the title etc

      Applying will add to the delay on the sale a little no doubt but ask your solicitor to point out that a sale is pending so urgency is required.

      Reply
  90. Comment by Herman posted on

  91. Comment by Sam posted on

    I had purchased my property on 2011 and now have boundary dispute with neighbour. Surveyors asked my old title deeds but did not received from solicitors. Solicitor mentioned that do not hold any old title deeds and copies of all relevant documents would have been provided during the course of the transaction. Everything is now electronic with the Land Registry.

    How I can get or track down the old title deeds as it is very much needed to resolve boundary issue.

    Reply
    • Replies to Sam>

      Comment by adamh posted on

      Sam - if they were not handed over by the previous owner you would need to track back to them and perhaps to the seller before them and so on if you wanted to trace them.

      Before you do though you may find our other blog article re boundaries of interest as whilst the old deeds/documents can be helpful sources of past information they may not be the solution many hope for
      https://hmlandregistry.blog.gov.uk/boundary-questions-answered/

      Reply
  92. Comment by Jen posted on

    I would like to give two children my share of a terrace house which I jointly own with my ex. Do I need to use lawyers for this?

    Reply
  93. Comment by janice posted on

    A bit of help or advice needed please. If you download the title plan and title deeds from Land Registry and, as a for instance, they only go back as far as 2007 with no entries previous to that date, would that mean that there is no entries prior or is it possible that the land was previously unregistered?? And secondly, if it says "copy filed" does that mean that Land Registry hold further information about said property/land that is not available to the general public? Thanks in advance

    Reply
  94. Comment by janice posted on

    Many thanks for the quick response Adam. So if land that was previously unregistered and somebody then registers that land back in 2007 when they bought the property, if we actually have paperwork to prove ownership dating back to 1952 when my father in law bought the land can we than successfully claim the land back as ours or have we now lost that piece of land?

    Reply
    • Replies to janice>

      Comment by adamh posted on

      Janice - you can seek to register your ownership at any time but before doing so I would recommend that you consider three things
      How did the current owners gain title to the land
      What supporting evidence did they provide and
      Get legal advice to then understand what rights they have and what rights (if any) you have to now register

      We can only provide information as to what has been registered. We cannot advise you on how the law views such matters and we cannot advise on whether you have a valid claim to the legal title without your submitting an actual application to register that claim.

      Reply
  95. Comment by Kelly Davis posted on

    Hi there. I'm in a dispute with my neighbour over who owns the dividing hedge between our gardens. How do I find out this information?

    Reply
    • Replies to Kelly Davis>

      Comment by NimishP posted on

      Hi Kelly - In many cases the title register for a property might give information about who owns or is responsible for boundary features such as fences, walls or hedges but generally only if this information was mentioned in the title deeds sent to us when the property was first registered; or if the property was originally part of a larger piece of land or property and provision was made in the transfer from the seller to the first owner, for its ownership or responsibility.
      Often we may set out the relevant information in the title register. At other times we may retain the old deed itself and the title register may refer to these deeds as 'Copy filed'. However, it is not unusual that neither the title register nor any deeds will contain any information about boundary ownership or responsibility.
      Even if they do, the situation may have changed. For example, new boundary features might have been built and the owners at that time might have agreed who was responsible for them.
      So, regardless of any information in the title register or in any deeds, it is probably best to talk to or write to your neighbour before doing anything to a fence, wall or hedge or other feature between your properties.
      In any deeds that do contain information, the most common marking on deed plans indicating who owns and is responsible for the maintenance and repair of a boundary feature, is a 'T' mark. Such a mark normally means that the owner of the property into which the 'T' extends owns the boundary feature and is responsible for its maintenance. But you must read the wording in the deed to make sure this is the case.
      We do not generally reproduce 'T' marks on a title plan. If a 'T' mark is referred to in a deed we usually add a note at the end of the register entry which mentions the deed, such as: "The 'T' mark referred to affects the northern boundary of the land in this title."
      I hope this helps.

      Reply
      • Replies to NimishP>

        Comment by Kelly Davis posted on

        Thanks Nimish. Our neighbour has now cut the dividing hedge top down by two foot and we now have less privacy. He says he owns the hedge but has failed to show us any proof. Not sure where we stand on this matter now.

        Reply
        • Replies to Kelly Davis>

          Comment by NimishP posted on

          Kelly - I would suggest you speak to your legal advisor or Citizens Advice.

          Reply
  96. Comment by adamh posted on

    Annie - much depends on whether we are dealing with a first registration or an application against a registered title.

    With a first registration we return the original deeds/documents and tend to only keep a copy of the deed which triggered registration. If we keep any others we would take a copy and scan and file it.

    With later applications against the title we will generally scan and destroy the papers lodged. As these will normally be only prescribed forms then as you say if you want the original back for some reason then we would need a certified copy.

    The only caveat is what we refer to as 'cherished documents' such as marriage/death certificates which we do not destroy but would take our own copy (if not supplied) and return the original

    Reply
  97. Comment by Nz J posted on

    We don't have the deeds of our house but it registered to our name (myself and my husband). We sold our house few days ago, we don't have the deeds but the property is registered. Is it required to have the deeds when selling a house even the property is registered?

    Reply
    • Replies to Nz J>

      Comment by adamh posted on

      NZ J - if the property is registered then you don't need the deeds to then sell on as explained in the article.

      The buyer will confirm what is registered with us and not rely on any old deeds/documents

      Reply
  98. Comment by rebecca dennis posted on

    Hello. Myself and my ex husband have been split for 4 years. He is trying to sell the house i am living in with my 2 children and dog. We have a loan on the house, he is paying it but he is saying he cant afford it anymore. I want to know whats the best way to get access to the land of my home to check if the loan is on the land. Would this be the title deeds i require?

    Thanks

    Reply
  99. Comment by Duncan McHugh posted on

    Hello, My parents have just finished paying the mortgage on their house (originally purchased in 1970). Neither the building society or the original solicitors have the deeds, and a search of the index map provides no further information. Any ideas on how to proceed in finding if there are any deeds for the property? The property was originally built in the early 1950's.

    Reply
  100. Comment by Bob posted on

    Hi I have inherited a house from my late Mother. Do I need to register ownership with the Land registry before selling. How do I go about the Registration?

    Reply
    • Replies to Bob>

      Comment by adamh posted on

      Bob - if the property is registered in your late Mother's sole name then you should be able to sell without registering the change initially. If you have probate then that enables you to deal with the estate which would normally include selling the property - the buyer would need a certified copy of the probate as evidence

      Reply
      • Replies to adamh>

        Comment by Bob posted on

        Many thanks, The deeds were in my mothers name and her late husband (my step father).
        He did not leave a will and everything passed to my mother. She did not have the deeds changed so they are both on the transfer documents.
        My mothers estate has passed to me and probate granted. Who needs to certify the coy or is this an original copy?
        Does the affect your comments?

        Reply
        • Replies to Bob>

          Comment by adamh posted on

          Bob - the extra information suggests that the property is unregistered and that can impact on how a buyer views things as they may ask for it to be registered first before buying

          The deaths do not trigger the need to register but the fact that you need to put it into your name as the beneficiary will.

          You can check whether it is likely to be registered or not by looking for the administrative area and date of compulsory registration in section 8 of our Practice Guide 1 - if they bought before the date listed then I would expect it to be unregistered
          Can you clarify?

          https://www.gov.uk/government/publications/first-registrations

          Reply
  101. Comment by Kathryn Rowlands posted on

    My husband and I have recently purchased our home from a housing association. Everything went through fine and recived a phone call confirming this at the time.We were cash buyers of the property, only I expected to recive some kind of documentation to show we were now the owners of this home and haven't received anything is this normal practice. All friends and family who owns their own home but still have mortgages so are also unsure of what happen. I don't want to contact my solicitor in the fear of sounding silly if you could helo my with this information i would be greatful.

    Reply
    • Replies to Kathryn Rowlands>

      Comment by adamh posted on

      Kathryn - I assume the Housing Assoc registered the sale/purchase for you. If so then they may not always send you any paperwork after it has been registered.

      You can search the address online and check the registered details though if you don't want to contact them or the solicitor.
      https://www.gov.uk/search-property-information-land-registry

      Reply
  102. Comment by Clare Qualmann posted on

    Hi, we bought our flat (shared freehold) over a year ago, but our solicitor has not provided us with a copy of the title deeds, or the lease (for our flat within the house) despite repeated requests...... Is there another way to get hold of these documents?

    Reply
  103. Comment by Allie posted on

    Hi - a property we're buying is being registered, as it had unregistered title. The decision should have been made by Land Registry this week, but has now been put back to 25th Sept. Does this indicate a problem? Our solicitors trying to chase, as yet no answers.

    Reply
  104. Comment by Mounir Tehami posted on

    Hi. Just payed off our mortgage on leasehold property, the bank has sent us the following documents, Surrender of whole, power of attorney, TR1, DS1 and RX4 all signed by the bank, what other documents we need to register our ownership of property at the land land registry? Thanks

    Reply
    • Replies to Mounir Tehami>

      Comment by adamh posted on

      Mounir - you will need an application form AP1 I suspect although it sounds like you have done more than just pay off the mortgage here.
      The DS1 relates to the mortgage being redeemed but an RX4 relates to removal of a restriction whilst a TR1 relates to a transfer of the ownership
      It sounds as if you may need legal advice if you are doing more than simply redeeming the mortgage

      Reply
      • Replies to adamh>

        Comment by Mounir Tehami posted on

        Thanks adamh, I read somewhere you have to send SDLT5 form to confirm to land registry that we already paid the stamp duty when we purchase the property, do we have to confirm this?

        Reply
  105. Comment by Gary posted on

    Hello
    We paid our mortgage off several years ago, I don't think we ever received the deeds (Though I do have a letter from the bank about storing pre registration documents) so I have now accessed the deeds via your register and can see that the Bank still shows as having a charge on the property presumably as no one has amended them.
    So 2 questions if I may, 1) How would we get the charge removed if we wished to do so and 2) What is the best way to find out where the original deeds are held ?
    Many thanks,
    Gary

    Reply
    • Replies to Gary>

      Comment by adamh posted on

      Gary - two things to raise with your lender as they will have to remove the charge and they should be able to advise whether they hold any original deeds/documents

      Reply
      • Replies to adamh>

        Comment by Gary posted on

        Many thanks....pretty much as I expected and have been in touch with Yorkshire Bank on both points now and awaiting feedback. What I find annoying/frustrating is that the mortgage was paid off several years ago and yet it seems banks etc are happy to sit and do nothing until challenged. Would seem reasonable that within a certain period after a mortgage is paid that they must remove the charge.
        At the moment I am assuming that if I decided to sell up that this (Incorrect) charge would not cause a major issue to resolve ?

        Reply
        • Replies to Gary>

          Comment by adamh posted on

          Gary - if the lender is happy to redeem it then there should be no problem when you come to sell. However I would recommend getting it resolved now and not leaving it until any sale for example

          Reply
          • Replies to adamh>

            Comment by Gary posted on

            I have now received some documents from my bank and they have also written to say that they have advised the registry that they no longer have a claim on the property and that I should have the confirmation from the registry very soon.
            This was around 3-4weeks ago but to date I have had nothing from the registry, how long should this take ?
            Many thanks.

          • Replies to Gary>

            Comment by adamh posted on

            Gary - we don't normally notify the owner once the lender's application has been completed as it is they who are applying to remove the mortgage details. Any notification would normally be provided to them.

            If you want to check online you can but may be worth asking them to confirm
            https://www.gov.uk/search-property-information-land-registry

          • Replies to adamh>

            Comment by Gary posted on

            Hi again.
            The letter from the bank says that the "Title Registration Document" will be sent to me direct by the land registry.....can I take it from what you say above that this will actually come to me via the bank ?
            I did use the link at the outset of my query and that's where I realised that the charge was in place....I expect that won't change until the instructin from the bank is with you and the title document sent out (To me or them) ?
            I don't believe I can check again without paying for another copy which is why I'm trying to pursue matters with the bank.
            Thanks.

          • Replies to Gary>

            Comment by NimishP posted on

            Hi Gary - can you email us at customer.service@landregistry.gsi.gov.uk with details of your property so that we can check if there has been any activity before responding?
            Thanks

          • Replies to NimishP>

            Comment by Gary posted on

            Hello.
            E-mail with details just sent.
            Many thanks.

  106. Comment by Diane Dickson posted on

    Hello - I am an author and preparing my new novel for publication. However my publisher and I are concerned about believability of a vital part of the story. I wonder if you can answer a quick question for me. If a person were to nefariously come into possession of the deeds of a property belonging to a deceased person and move in; providing there were no other living relatives would ownership of the deeds and occupation of the house, payment of the taxes and bills etc. be enough for the person to effectively "own" the house. I know this may look like an odd question and fully understand if you can't answer.

    Reply
    • Replies to Diane Dickson>

      Comment by adamh posted on

      Diane - possession of the deeds is not proof of ownership in such cases. It is the occupation of the land/property that would support any claim
      Practice Guides 4 and 5 explain what is required from a registration perspective but it is a complex area of the law. The guides refer to the essentials and these should help you.
      https://www.gov.uk/topic/land-registration/practice-guides

      Reply
      • Replies to adamh>

        Comment by Diane Dickson posted on

        Thank you so much for you prompt and helpful reply. I am pleased to know that the story as I have written it actually works. I am very grateful.

        Reply
  107. Comment by peter posted on

    Been burgaled, deed's stolen. Land bought before 1972. By mortgage. I've lived 52 yrs here. And bought it from my uncle. I've tried to get new deeds in case I pass away and then council takes my inheritance to my children. Plz help

    Reply
  108. Comment by Selby posted on

    Hello,
    Me and my co neighbour bought and own our semi-detached properties in 2005 which were built in 1890 on land owned by another neighbour. It has deeds which grant access to our garage from a side road which was built in 1995, but we do not have parking rights. Do we have any options to challenge / change the deeds? Thank you, Selby

    Reply
    • Replies to Selby>

      Comment by adamh posted on

      Selby - if no rights were granted re parking then I am unaware of any basis for your being able to 'challenge/change the deeds'
      The options are likely to be asking the landowner to grant you rights to park on his/her land or to seek legal advice if you have been parking on the land for several years - in certain cases rights can be acquired over time but a solicitor will be able to clarify this for you

      Reply
      • Replies to adamh>

        Comment by Selby posted on

        Thank you for your swift reply. We are trying your first suggestion and are already in contact with the landowners solicitor. Is there a good source of info for your second suggestion and the circumstances and time necessary. That would be useful before considering the expense of engaging our own solicitor.

        Reply
  109. Comment by Morseman posted on

    I'm trying to find the deeds to my Mothers house, who now unfortunately is in a care home. We have looked through all of the paperwork that was in the house and have not found any deeds. The original mortgage was taken out in the late 1950s and I know an additional amount was borrowed by increasing the original mortgage in the 1980s but is was not registered on Land Registry.

    I can't find out which building society or bank had the deeds originally and there are no copies in the house but I do know that the mortgage was paid off.

    Where else should I go to try to get copies of the original deeds so that we can sell the house on behalf of my Mother (myself and my sister have lasting powers of attorney joint and several). Thanks -David Ackrill

    Reply
    • Replies to Morseman>

      Comment by adamh posted on

      Morseman - if the mortgages have been cleared then I suspect the only other line of investigation would be solicitors who may have acted for your Mother in the past.

      If you cannot find the deeds then you are going to have to go down the route of trying to prove title as explained in our Practice Guide 2
      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      Reply
      • Replies to adamh>

        Comment by Morseman posted on

        Thanks for the reply Adamh,

        I've already asked the solicitor who holds my Mums will, but they don't have them, and her bank say the same.

        I will ask the Building Society, but have already downloaded a number of forms (DL, ST3 and FR1) in case we have to go that route.

        Reply
        • Replies to Morseman>

          Comment by adamh posted on

          Morseman - sounds like you are checking all the right places and of course there is any personal effects/possessions that might shed some light on where they are
          If unable to trace then the guidance is hopefully clear on what is then needed.

          Reply
  110. Comment by Eva pina posted on

    I inherited a home/with will. How do I transfer the deed to my name?

    Reply
  111. Comment by Justin H posted on

    Hi, I'm come what confused on what documents to apply and which ones.
    My wife and I have just paid off our mortgage and since then its been confirmed with our EX mortgage who have also notified the Land Registry. The deeds are digitalised so we are looking to get a copy of the deeds.
    Can you help which forms we need in order to get a copy of our deeds.
    thank you

    Reply
    • Replies to Justin H>

      Comment by adamh posted on

      Justin - if you want an official copy of the register/title plan then you can apply for these by post
      If the register refers to any deeds/documents then you can also apply for these by post
      As the blog article refers there is no need to hold paper copies but I appreciate in some cases you may wish to do so
      Our online guidance explains how you can apply for the paper copies by post
      https://www.gov.uk/get-information-about-property-and-land/overview

      Reply
  112. Comment by WillC posted on

    On 17th September I requested an official copy of my house deeds from the Land Registry using form OC2 (and sending a £7 cheque which has been cashed). So far I've received nothing back: should I be concerned?

    Reply
  113. Comment by C Grayshon-Pedley posted on

    I have an issue with lost deeds - My mother died in April and due to her Alzheimers we couldn't find her deeds.
    I have tried her bank and solicitior without success
    Where do I go from here ?
    Chris

    Reply
  114. Comment by Vin Robson posted on

    my parents deeds (1929ish) have a provision for an additional dwelling for servants/guest quarters to be built. we wish to convert the existing double/garage outbuilding into a self contained building for me to live in separately from the main house.
    does this provision in the deeds effectively allow for this to be done?
    will we still need regular planning permission or do we simply need to comply with normal building regulations and notify yourselves of the property footprint changes? (to be clear, this conversion/build would remain ancillary to the main house and never be separately sold)
    I would greatly appreciate your advise.

    Reply
    • Replies to Vin Robson>

      Comment by NimishP posted on

      Vin - we have no involvement in the planning matters. This is something for the local authority and you should seek guidance from them.

      Reply
  115. Comment by Denise Clark posted on

    Hi. I wonder if you are able to clarify something concerning the lease details on a title register. I have downloaded a title register from your website. under A." Property register" the lease details are listed. I am checking a maisonette above my own as I want to renew my own lease. It states the lease is 25 years term, applied for in 2007, so has 17 years left to run? or are previous lease details just not listed? my own lease has 51 years left . thanks for your advice.

    Reply
    • Replies to Denise Clark>

      Comment by adamh posted on

      Denise - the short particulars will state the date and length of term granted by the lease. There won't be any 'previous' details to list

      Reply
      • Replies to adamh>

        Comment by Denise Clark posted on

        OK, thanks Adamh. Yes it is only a 25 year term then.

        Reply
  116. Comment by sylvia baldwin posted on

    My husband has recently died and everything is left to me, but i have now found out my name is not on the house deeds what do i do

    Reply
    • Replies to sylvia baldwin>

      Comment by adamh posted on

      Sylvia - sorry to read of your loss. You will need to apply for and obtain probate which will then enable you to Assent the property to yourself as beneficiary.
      This is covered in the blog article with links to the Assent form and process involved.

      Sorry for the delay in replying but this is a blog and not an online forum/chat facility I'm afraid and we are unable to comment outside office hours.

      Reply
  117. Comment by sylvia baldwin posted on

    Can anyonextell me what to do

    Reply
  118. Comment by Danielle Sheerin posted on

    My father is about to arrange equity release on his property and the solicitor has asked for the deeds. He does not have these. The house was his parents before he owned it and was originally purchased in the 1930's. To my knowledge there has never been a mortgage. I've searched the land registry and they have no records of deeds. What should be do next?

    Reply
  119. Comment by Stephanie Howdle-Lang posted on

    Will the title deeds tell me how old a house is, assuming it is more than 80 years?
    Thanks!

    Reply
    • Replies to Stephanie Howdle-Lang>

      Comment by Ian posted on

      Please our blog on this subject which may be of use to you. https://hmlandregistry.blog.gov.uk/how-old-is-my-house/

      As explained in the blog, we don't usually have a record of this information. In the case of properties more than 80 years, old conveyancing deeds may give a clue if they can be traced. We don't usually hold a copy of old deeds and they are returned to the solicitor acting at the time of first registration.

      Reply
  120. Comment by Ian posted on

    Regarding your position regarding the non-payment of rent, that is not something that we can advise on as we only have an administrative role in respect of the registration. You might consider enquiring with the Leasehold advisory service - http://www.lease-advice.org/ or getting professional legal advice - e.g. from a solicitor.

    It's difficult to comment without further details on how you currently hold the registered title(s) for the properties involved and the action that might be taken. If you'd like us to consider further, please contact us - https://www.gov.uk/government/organisations/land-registry/about/access-and-opening with further details.

    Reply
  121. Comment by matt posted on

    We bought our house in 2006 and would now like to do a small extension above our garage. The house was built in 1970 on a piece of the neighbour's garden and we believe that they have a covenant over any building work we wish to do. We are on good terms with them but unfortunately the ladies husband who dealt with everything has passed away and our neighbour is unaware of any covenant but both my wife and I have read it somewhere. We have tried to get our original deeds back from our mortgage lender but they have said they don't have them and to apply to land registry which I have done but the official copy of register of title is not very clear. It mentions in C:Charges register that a "conveyance was made in 1970 but neither the original deed nor a certified copy or examined abstract thereof was produced on first registration".
    We would like to submit some plans for planning consent but don't want to do this until this situation is clear to us, we don't want to have any legal issues at any stage. Our neighbour has no objections to the small extension so don't think there is an issue but are not sure of what course of action we should take?
    Any help would be appreciated. Thanks!

    Reply
    • Replies to matt>

      Comment by Ian posted on

      It appears that on the application for first registration of the land the conveyance dated 1970 was referred to in another deed or a title document, by the deed itself was not produced - usually because it has been lost or destroyed.

      In this situation, we have no option but to record the existence of the deed and that the land may be subject to any rights/covenants therein. But with an explanation that the deed itself was not produced on registration so no other details are available.

      It is unlikely therefore that the mortgage company ever held a copy of this deed, but it may be worth checking with the solicitor who was acting at the time you bought the property if this is an option.

      How you proceed from here is not something we can advise on, as it involves legal issues. For example, assessing the level of risk in the covenant coming to light at a later stage and any steps that might be appropriate to counter this, such as taking out an indemnity policy.

      You may therefore wish to consider taking independent advice on the matter, e.g. from Citizen's advice or a conveyancer such as a solicitor.

      Reply
  122. Comment by Jeff posted on

    I am proposing to buy a holiday lodge and do not want to use a solicitor as I am paying cash and feel there is no need. The existing lease has 75 years to run and I have a copy that I am happy with, what do I need to do to get the lease into my name. There are no searches required and

    Reply
  123. Comment by Steven posted on

    Hi Can anybody tell me what documents I should hope to receive apart from the land registry?
    We have just bought our first home and are waiting for the land registry documnets but we are unsure what else to expect, eg copy of contract etc. thanks

    Reply
    • Replies to Steven>

      Comment by adamh posted on

      Steven - whilst there are lots of comments here this is a blog rather than a forum so it is rare for anyone but ourselves at Land Registry to respond.
      If you are looking for a wider understanding from a public forum then I would suggest trying sites such as Money Saving Expert

      Reply
  124. Comment by Phil Durkin posted on

    Hi, I have been informed that the land that a house im buying sits on is not registered.
    The sellers solicitor has sent over a copy of the Statutory Declaration, but my solicitor refuses to move forward until its been completed even though there is no one to contest the land.
    I was informed it will take between 6 to 8 weeks for land registry to sort this out, and i cannot wait that long or i may lose my sale, so im looking for options.

    I was also advised that i can over ride my solicitor and complete the land after completion, but is that a good idea?

    regards

    phil

    Reply
    • Replies to Phil Durkin>

      Comment by adamh posted on

      Phil - if the first registration has been submitted then the applicant should contact us to advise on the onward sale and the urgency involved.

      Whether you proceed or not with the purchase is a matter for you and your solicitor to decide on. There may be reasons why he/she does not want to proceed so I would perhaps explore those further.

      Whilst unregistered land/property is is diminishing, for obvious reasons, in the past the sale of such properties was commonplace.

      Reply
      • Replies to adamh>

        Comment by Phil Durkin posted on

        Adam- Thanks for the reply.
        Can you confirm who the applicant would be in this case, is it the sellers solicitor?
        The garden has been attached to the house for the past 140 plus years, so im surprised that no record of the registry exists.

        Thanks

        phil

        Reply
        • Replies to Phil Durkin>

          Comment by adamh posted on

          Phil - it would be the sellers solicitor who would be the applicant so it is very much for them to 'chase' and explain.

          The land would only be registered as and when someone came to deal with e.g. sell it as in this case. If the seller themselves has been there for 30/40 years themselves then it is not such a surprise that it is unregistered

          Reply
  125. Comment by Ian posted on

    I am sorry to hear of your loss. Please see a copy of a specimen title register which should assist with locating the title number:

    https://eservices.landregistry.gov.uk/www/wps/QDMPS-Portlet/resources/example_register.pdf .

    Please see also - https://www.gov.uk/update-property-records-someone-dies .

    Reply
  126. Comment by NimishP posted on

    Michelle - it is difficult to answer without knowledge of what original deeds you hold. When a property is first registered at Land Registry various historical deeds would have been submitted to Land Registry. We would have created a Title Register and Title Plan based on the information extracted from the deeds submitted. The Register and Plan would provide legal evidence of the ownership.

    With regards to the documents submitted to Land Registry, we would have retained some of the deeds, if we thought they were relevant to registration of the land, and returned the remainder to the person who submitted the application. Any document that we may have retained will have been scanned and filed electronically. Anyone can obtain a copy of these document by applying in a form OC2 and payment of the appropriate fee (£7.00 per document currently). However, we would have no evidence of the deeds that were not retained by us.

    Hope this helps to clarify our procedures.

    Reply
  127. Comment by Steve Sharpe posted on

    Looking at getting a copy of my deeds to try and settle a dispute with a neighbour, but they are very confusing. I downloaded the Title register, but are the three sections mentioned on it (Property, Proprietorship and Charges Register) separate documents? or all one? The OC2 form offers no help or advice.

    Reply
    • Replies to Steve Sharpe>

      Comment by SteveLR123 posted on

      Hello Steve

      I m sorry you re finding the register confusing. The three sections you mention respectively deal with A) defining the Property, B) who owns it and C) what burdens the land eg covenants, mortgages etc.

      Boundary issues are often not dealt with specifically there except perhaps with regard to boundary maintenance in Section C referring to so-called 'T' marks pointing inwards or outwards on a plan. The title plan usually will not show these markings although they may be given in the plan to deed ( eg a transfer) referred to in Section C. This is where form OC2 comes in - you use that to apply for a copy of such 'filed' deeds

      The title plan is the key document that shows the extent of a property and any buildings on it; it is based on Ordnance Survey information and the title plan is really a section of their plan overlaid with red edging. Although these maps have a printed scale, there are inevitably problems in stating exact measurements between points, and relating the title plan to what is actually visible 'on the ground' ,for example , where precisely a boundary feature begins and ends in relation to others. All this unfortunately means we can only show general position of boundaries between properties although they can be fixed more precisely.

      Please see this link to archived material on boundaries http://webarchive.nationalarchives.gov.uk/20140709064818/http://www.landregistry.gov.uk/public/guides/public-guide-19

      We also have Blog on this topic https://hmlandregistry.blog.gov.uk/drawing-line-stand-boundaries/

      Reply
      • Replies to SteveLR123>

        Comment by Steve Sharpe posted on

        It's not the area of land we own that is the problem though, the dispute is about the drive in front of our house. We have a block-paved drive that the neighbours refer to as a "turning circle" right in front of our house, which according to the title plan is entirely ours. They keep insisting that it is "shared access" and complain every time we leave a car on it. The Title Plans for both houses are quite clear, but the Charges Register (on the Title Register downloaded from the Land Registry website) says that a restrictive covenant exists between the builder and original purchaser, which extends to us. I simply want to know the wording of the covenant, but don't know what to ask for on the OC2 form

        Reply
        • Replies to Steve Sharpe>

          Comment by SteveLR123 posted on

          Hello Steve
          Sounds like the entry in the Register refers to a deed we have on file ( 'Copy filed') in which case enter the details of the deed ( eg Transfer) and date in panel 7 of your OC2. Post with £7 cheque to our Citizen Centre.

          Reply
  128. Comment by NimishP posted on

    Tracey - Any reference we make in relation to ownership of land / property would be based upon deeds and evidence submitted to Land Registry at the time of first registration. It is not clear what deeds you are referring to which points to the said land being in your ownership, however, if you believe there is an error in the registration, you need to write to us backing your claim with the relevant evidence.

    Please see section 2 of our Practice Guide 39: Rectification and Indemnity by clicking on the link below. While the guide is primarily written for legal professionals, it will help to give you an idea of what you need to do if you believe there is a registration error.

    https://www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity#applying-for-rectification

    I hope this helps.

    Reply
  129. Comment by Roe Joe posted on

    Hi, Frank - I've finally completed my mortgage and was looking forward to receiving the property's title deeds. However, I have been surprisingly 'advised' by the lender that "deeds are held electronically by Land Registry so no documents will be sent... A Title Information Document can be obtained from the Land Registry in their place." I have looked on the Land Registry website, but can find nothing that relates to a 'Title Information Document'. Anything else on there would be at my cost. Surely the lender should be sending me this document (especially as they've got so much out of me for the cost of the mortgage) at their cost? Can I request that they obtain and send this document to me, at no further cost to me?

    Reply
    • Replies to Roe Joe>

      Comment by adamh posted on

      Roe Joe - you can ask them to supply you with the details but it is really up to them whether they will as there is nothing to compel them to do so.

      Reply
  130. Comment by Annie Codd posted on

    I inherited a property from My mother, the land and property are now registered in my name but a different solicitor holds the deeds of the property. Do I really need the deeds if land registry is up to date?

    Reply
    • Replies to Annie Codd>

      Comment by adamh posted on

      Annie - if the property is registered then the electronic record is what you and others would rely on in the future for proof of ownership for example.
      The old deeds/documents can be useful to have/hold but they are not needed to prove ownership for example and do not have to be passe don with each change of ownership

      Reply
  131. Comment by Warren Dowson posted on

    I have a small amount left on my mortgage which was advised by the lender in case I ever wanted to remortgage etc... my question is, if I wanted to change a name on the title and they still have a charge on the register will it stop me from doing this? What exactly would happen in this situation would the LR contact the lender for consent?

    Reply
    • Replies to Warren Dowson>

      Comment by adamh posted on

      Warren - if the register refers to a restriction in favour of the lender then we would need their consent to your making such a Transfer
      We would not contact them direct but we would ask the applicant, you or your solicitor, to supply the lender's written consent.

      It may be worth just contacting the lender to enquire as if there is just a nominal amount left they may not be quite so restrictive in consenting to such a change

      Reply
      • Replies to adamh>

        Comment by Warren Dowson posted on

        Excellent, thank you for the prompt reply.

        Reply
  132. Comment by adamh posted on

    Andi - whilst the company may have been dissolved the benefit of the charge will still exist. You may need to identify the liquidator/receiver who acted on the dissolution to clarify monies owed and to have the charge redeemed/discharged.
    It's all a question of who now has the benefit of the charge and as such you may well need legal advice/assistance to follow that through

    Reply
  133. Comment by Sue Poulter posted on

    Good Morning, We purchased our bungalow last September and our conveyancer lodged this with the Land Registry. We now have the document, but it only shows the first person that owned the property, not the person we purchased from. Should her name be on the document?

    Reply
    • Replies to Sue Poulter>

      Comment by adamh posted on

      Sue - the register will only show the current registered owner in the B Proprietorship Register.
      The register doe snot show a 'history' of ownership for example but references to previous owners may appear in other entries where for example they were a party to a deed containing rights/covenants

      Reply
      • Replies to adamh>

        Comment by Sue Poulter posted on

        Hi, Thank you for that but am still puzzled as we do have covenants we have to abide by, which were put in place when the bungalow was built in 1971, so the previous owner must also have had to abide by these.

        Reply
        • Replies to Sue Poulter>

          Comment by adamh posted on

          Sue - you original post asked whether the register should have shown the previous owner - the answer to that was and is No

          It will refer to the first purchaser in 1971 as that sounds as if that was the sale from the builder and as you state that sale will have imposed rights/covenants etc. The sale deed is therefore referred to on the register to reflect those rights/covenants but it is not there to show who owned the property previously.

          The covenants, once imposed, bind the land so each new owner would indeed have been bound by them

          Reply
          • Replies to adamh>

            Comment by Sue Poulter posted on

            Thank you so much that makes it clear, have a good day. Sue

  134. Comment by gd posted on

    I purchased my brother's house last summer. Some months later I contacted my solicitor to ask where the deeds were as I'd not seen any documents describing the property, boundaries and so forth. As nothing had been sent from my solicitor I already taken the step of purchasing title deeds and plan online.

    When I enquired with the solicitor of the deed's location I was told they were destroyed at land registry and that this had been common practice for the last few years.

    The property dates back to late 1800s. Some of the documents pre date this. Some describe the land prior to 1800. Would any of this information have been retained or copied? I am genuinely quite devastated to think that all of this information has been destroyed and lost forever.

    Is there any possibility that this is not the case? If so, where do I begin?

    Thank you in anticipation

    Reply
    • Replies to gd>

      Comment by adamh posted on

      gd - we don't destroy old deeds/documents and I suspect the solicitor is simply referring to the details as explained in the blog article, namely that the register is now electronic and deeds are no longer need to prove ownership.

      When the property was first registered, and there is often a date in brackets at the start of the register to indicate this, the original deeds/documents proving ownership are lodged with us. We then create the title and return those original deeds/documents to the applicant.

      Those original deeds may then be passed on by seller to buyer and so on down the years but that rarely happens nowadays.

      Please also note that the application for first registration is unlikely to have provided deeds dating back as far as 1800s as the 'root of title' required would have been far more recent as invariably an applicant only has to go back 15 years from the date that the seller had acquired ownership i.e. the person one back from the buyer registering for the first time

      Reply
      • Replies to adamh>

        Comment by gd posted on

        Thanks adamh. Yes I'd read that you don't destroy deeds and also guessed that most of the paperwork (a considerable bundle) my brother passed onto my solicitor (via his) wouldn't have been required by land registry in any case.

        Are you finding it is now common practice for solicitors to automatically 'dematerialise' any documents that are returned after being registered with LR?

        Thanks again for your clarity. I'm hoping that these documents may still exist somewhere.

        Reply
        • Replies to gd>

          Comment by adamh posted on

          gd - the term dematerialisation is one normally used by us and lenders and in my experience solicitors will normally keep any records they hold for 6 + 1 years being the normal professional requirement.

          As the blog hints at most will suggest that there are no deeds simply because they are no longer needed for proof of ownership but that is not always the case as you already appreciate.

          Hopefully the solicitor will be able to unravel the issue for you and I would suspect that the key thing from your perspective is that you have some sort of written confirmation from them re receipt of the deeds or that they were holding them for you.

          Reply
          • Replies to adamh>

            Comment by gd posted on

            Thank you adamh. This has been really useful. I'll pursue this with my solicitor.

  135. Comment by Susan Nock posted on

    My friend was told by the Land Register that they had lost their deeds and were given a compensation form. What does this mean and what can they do next?

    Reply
    • Replies to Susan Nock>

      Comment by adamh posted on

      Susan - I have not heard of a 'compensation form' re such matters - is the property in either England or Wales?
      If it is then can you give me any more details or if easier email us at customer.service@landregistry.gsi.gov.uk

      Reply
      • Replies to adamh>

        Comment by Susan Nock posted on

        Thanks Adamh, It is in England.
        I was just trying to help them out, as it is not my property I will check with them again. I know they are really stressed out as the solicitor has also lost their copy and there is talk about having to draw up new ones which sounds like a very time consuming thing to have to do when they are in the process of selling their house.

        Reply
        • Replies to Susan Nock>

          Comment by adamh posted on

          Thanks Susan - have they owned the property for a long time and it is the original deeds that have been lost perhaps?
          Once you have more details email me at the address given or ask your friend to and I'll do my best to explain what is or may be happening

          Reply
  136. Comment by NimishP posted on

    Julie - any deeds lodged during first registration of the application and not retained by us would be returned to the person who made the application at the time of completion of registration. We would have records of when the application was completed and in most cases what documents were returned.
    Hope this helps.

    Reply
    • Replies to NimishP>

      Comment by julie posted on

      Thank you for this info, how do I find out what and when the documents were returned please

      Reply
      • Replies to julie>

        Comment by adamh posted on

        Julie - you can apply for copies of the application form used and the list of documents submitted/returned
        Complete a form OC2 and request a copy of the 'FR Application Form and List of documents submitted'
        The fee is £7 per document.
        Our online guidance links you to the form and details re it's submission
        https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

        Reply
        • Replies to adamh>

          Comment by phillip hunt posted on

          Can you tell me please how long the process takes to get a copy of title deeds from the land registry?

          Reply
          • Replies to phillip hunt>

            Comment by adamh posted on

            Phillip - 2/3 days by post for an official copy and instantly online for a download

  137. Comment by Fareeth posted on

    Hi

    I bought my first property last month and it's been twenty days but my property is still in the old owner name. Also I took the title register yesterday and shocked to see that one of the restriction holder (ccj) name still appears as outstanding. I called the restriction holders with the reference number in the title register and they confirmed that they haven't received money so they won't remove restriction. My conveyancer told me to wait for one more week? How many days normally takes for the charges to be removed once completion takes place. Can anyone else attach or put further restriction on my property because it's still in old owner name? Thanks for your help

    Reply
    • Replies to Fareeth>

      Comment by adamh posted on

      Fareeth - the register won't update until the registration is completed and it is not done piecemeal so any existing restriction(s) applied to the current owner will presumably come off at the same time as the purchase is registered.

      Your solicitor will have submitted a protecting search I imagine to protect the registration of your purchase so providing that was in place and your application submitted anything lodged thereafter is very unlikely to proceed as you have 'priority'

      If it was a purchase of a registered title then these are normally completed within 5 to 10 working days provided everything is in order.

      If you would like us to check and confirm receipt/progress then you can email us at customer.service@landregistry.gov.uk with the specific details inc title number

      Reply
  138. Comment by ronecc posted on

    My Daughter is selling her house. It has got almost to final stages and the purchasers solicitors are asking where the Deeds are. I thought they should know. My daughters solicitor does not have them and the Mortgage company say they do not have them. So where can she obtain copies. The house was built around 2001 and she and her ex husband purchased it around 2005. I have just paid and downloaded the Title, but that turns out to be just the land. Where do I go to find the Deeds?

    Reply
    • Replies to ronecc>

      Comment by NimishP posted on

      ronecc - I believe you have posted the same question through our Facebook page where we have suggested you contact us by email to customer.service@landregistry.gov.uk and provide us the details of the property and what deeds are you looking for.

      Reply
      • Replies to NimishP>

        Comment by ronecc posted on

        Thanks NimishP. When I spotted the 12 month old messages on here, I thought I would try your Facebook page. I will do as suggested and see what we can work out.

        Reply
  139. Comment by Brian Coogan posted on

    What is the best route for establishing who now holds our title deeds. My circumstances are that we now want to sell on a deceased relative's property we inherited and the solicitor, we think (I emphasise think) held them went out of business in 2013. We received no information about this and I had to research on the internet to find that out after trying unsuccessfully to contact them. Despite now having this information where do I start?

    Reply
    • Replies to Brian Coogan>

      Comment by adamh posted on

      Brian - if the property is registered then it is unlikely you will need the deeds as the registered title plus probate should be sufficient.
      If the property is unregistered then you will need the deeds.

      Where a solicitor goes out of business their records/files etc are normally transferred to another firm appointed by the Solicitors Regulation Authority so I would contact them to check and confirm

      Reply
  140. Comment by Granville posted on

    I have just been going through my Estate and found that my Partners name has been removed from the Land Registry.
    This seems to be around 2006-2007 we had no knowledge of why or how this has happened.
    What do i need to do to get this rectified as at the moment my Partner has no legal share of the property.

    Reply
  141. Comment by Gavin Matthews posted on

    I am trying to sell a house as part of a Will but can't find the house deeds and they aren't stored at any of the usual locations (solicitors/bank etc) can I still sell the house without deeds or do I as the executor of the Will have to claim first registration?

    Reply
    • Replies to Gavin Matthews>

      Comment by adamh posted on

      Gavin - I assume you have confirmed or know that the property is unregistered.
      Selling it even with the deeds is likely to have been an issue for the buyer anyway and often they now ask you to register it first before selling it especially where there is a deceased owner/probate involved.

      If it is unregistered and the deeds cannot be located then our Practice Guide 2 explains what is required. I would strongly recommend seeking legal advice/assistance as well.
      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      Reply
      • Replies to adamh>

        Comment by Gavin Matthews posted on

        Yes I have searched and there is no registration for the property, a solicitor is dealing with the probate and sale of the house.

        Reply
        • Replies to Gavin Matthews>

          Comment by adamh posted on

          That is the right thing to do in the circumstances then

          Reply
          • Replies to adamh>

            Comment by Gavin Matthews posted on

            Thank you for your help

  142. Comment by Ian posted on

    JA - Before we register any land transaction we should ensure that the appropriate Stamp duty land tax certificate accompanies the application where this is required. So if the title registration has been completed, you can assume that the responsibilities in respect of SDLT have been complied with.

    But your solicitor should have records of the payment and a copy of the land transaction return certificate or electronic submission receipt issued by HMRC.

    Reply
  143. Comment by Sally Taylor posted on

    My property is on leasehold land - with over 900 years until expiry. I am in the process of selling my house. Can I exchange and complete on the sale of the property before the management company who manage the lease (and collect £3 ground rent per year) processes the transfer on the leasehold into the new owner's name?

    Reply
    • Replies to Sally Taylor>

      Comment by NimishP posted on

      Sally - this is not something we can tell you. You need to look at the terms of your lease and proceed on that basis.

      Reply
  144. Comment by Annie Brookes posted on

    We have discovered that a third party is holding the deeds to our property is this legal. The third party is a relative of the deceased previous owner and had never been on the mortgage and did not inherit the property.

    Reply
    • Replies to Annie Brookes>

      Comment by adamh posted on

      Annie - if the property is registered then the deeds are of no real value as proof of ownership so who holds them would be irrelevant in that context.
      So if it's your property and registered in your name then I suspect it is more of a matter of discussion/agreement to get them to hand over the original deeds but I'm not aware that there is any law for them to have to do so. Check with a solicitor though to be sure

      Reply
  145. Comment by Annie Brookes posted on

    A third party has possession of the deeds to our property is this legal? She is the daughter of the deceased owner but did not inherit the property as the ladies partner outlived her by 16 years and left the property in his will ( he was no relation to the daughter) ?

    Reply
  146. Comment by Andrew Gardner posted on

    many years ago i changed mortgage companies and eventually sold my property. im trying to find out who i held my mortgage with and as much information as possible(yes for ppi claim)

    Reply
    • Replies to Andrew Gardner>

      Comment by adamh posted on

      Andrew - if the property was registered at the time of the purchase/mortgage then we should have the details
      Use our online enquiry form to provide the question and details re the property address/title number and we can check and confirm
      http://landregistry.custhelp.com/app/contactus_general/

      We will then let you know what details are available and how to apply for them by post and at what cost.

      Reply
  147. Comment by Lynne Ingham posted on

    how do i change the name on deeds to a house to 3 people who have been left the property

    Reply
  148. Comment by Julie Fitch posted on

    Hi, I am trying to buy a property that the " vendor" owns, but years ago he brought it from a lady by private sale, no solicitors involved and paid her and her son cash. These two people are now deceased but the title deeds are still in the deceased lady's name. He has lived in the property for around 12 years with his own mother. How does he go about proof of ownership so he can sell it ?

    Reply
  149. Comment by Wendy C posted on

    Our property is registered. I have recently printed out a copy from your site and the title plan is different from a copy that I have from 2003. The new one does better reflect the actual boundary on the ground, but I wondered what may have prompted the change. If I was to request copies of correspondence (it may have been my late mother who queried the boundary when next doors was sold) what should I put on the OC2 as the "Nature of the Document" and "Date of Document" if I don't even know if they exist. Many thanks

    Reply
  150. Comment by Sharon B posted on

    We are purchasing a property that has a 20 year statutory declaration for 2 bay parking spaces. We have asked the vendor to do a stat dec for the period she has lived at the property for continuity. We have then asked her solicitor to log the stat decs with land registry so they can be added to our title deeds. Do you know how long this process takes? Is it going to cause problems for us buying the property?

    Reply
    • Replies to Sharon B>

      Comment by adamh posted on

      Sharon B - this type of application will usually take a few weeks as it is not run of the mill. If the claimed rights are over registered land we may also contact the landowner as well and they are given time to reply (15 working days)
      Whether it causes you any problems re the buying process we would not be able to advise on so you should rely on your conveyancer here

      Reply
  151. Comment by Ian posted on

    If the property is registered with us, you do not have to change the title at this stage. When you sell the property to a third party, you will need to provide the buyer/ the solicitors acting with an official copy of your late father's probate or letters of administration.

    If the property is not registered with us (which may be the case if the property has been in the same ownership for many years), then you also do not have to apply for registration at this stage. But when you come to sell, the buyer's solicitors may require that the property is registered for the first time before proceeding.

    Please see our guidance on registering property for first time, but if you are in any doubt as to how to proceed, we would recommend seeking legal advice - https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time .

    Reply
    • Replies to Ian>

      Comment by Irf posted on

      Thanks for the information I am grateful.

      Reply
  152. Comment by Rebecca posted on

    My mother and father in law own a house. They filed the original title deeds with local solicitor. The solicitors dissolved without any warning, do you know what would have happened to the original deeds?

    Reply
    • Replies to Rebecca>

      Comment by adamh posted on

      Rebecca - when a firm is dissolved or ceases to trade then the Solicitors Regulation Authority (SRA) will appoint another firm to take over their files/work etc
      I would suggest contacting the SRA and making some enquiries as to who took on the files etc

      Reply
  153. Comment by Martin Hunn posted on

    I want to add a covenant to my title deeds allowing access to my neighbour to maintain, service, repair or replace their septic tank system situated on my land. Is there a form to use to do this. Would it show on my title deed and my neighbours title deed.
    Many thanks, Martin

    Reply
    • Replies to Martin Hunn>

      Comment by adamh posted on

      Martin - this reads like a right (an easement) rather than a covenant

      To grant such a right you and your neighbour would need to enter into a legal deed - there is no form for this but once the deed has been drawn up and executed it should then be registered against both registered titles using a form AP1 and paying a £40 fee.
      https://www.gov.uk/government/publications/change-the-register-ap1

      You will need legal advice/assistance to create and draw up the deed

      Reply
      • Replies to adamh>

        Comment by Martin Hunn posted on

        Thanks for the very prompt response - that actually sounds much easier. Would that be an AP1 for each registered title or just the one? I expect the legal advice we get will confirm this anyway.

        Reply
        • Replies to Martin Hunn>

          Comment by adamh posted on

          Martin - it would normally be one AP1 and one fee as it is important to register the right against both the benefiting property and the one which is subject to it.

          Reply
  154. Comment by kim slater posted on

    hi - i have built a new house on land that is registered in our name but the title deeds still show the land as just a garden - how can I make sure the house is registered so that future mortgage applications identify the dwelling rather than just a plot?

    Reply
  155. Comment by Lewon posted on

    My father gifted property to me and my wife everything was done via solicitor. All was transferred to me and my wife and is reflected on land registry etc. Is there any document thst was filed showing the gift etc? This was all done in 2013. I don't want to have a problem when selling the propetty In the future.

    Reply
    • Replies to Lewon>

      Comment by adamh posted on

      Lewon - we should have a copy of the Transfer from your father to the two of you. However if the property is registered in your joint names then you don't need a copy to then sell in the future.
      However if you wish to apply for a copy you can do so using form OC2 ans explained in our online guidance
      https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

      If you complete the form to refer to the Transfer from (Father's name] to you (your joint names] in 2013 that should be sufficient

      Reply
    • Replies to Lewon>

      Comment by Lewon posted on

      Thank you for your reply adamh. Great. Really appreciate it. So is there no document staying that it was a ' gift' of property to me and my wife. Or is there no need for this. I done the £3 land registry search last week showing it's in our names etc. Is this the one you are referring to.

      Many thanks

      Reply
      • Replies to Lewon>

        Comment by adamh posted on

        Lewon - the Transfer will show it was a 'gift' but that is unlikely to be relevant to any future buyer. They will simply be concerned with what the register tells them when they check for themselves
        The registered details are the proof of ownership and that is the detail you have viewed for £3

        Reply
        • Replies to adamh>

          Comment by Lewon posted on

          Oh ok. So there is something that shows it was a gift. Sorry to be a nuisance , you may have already answered this but should I do the oc2 search then which will show this. I have documents from hmlr but nothing staying this.

          Reply
          • Replies to Lewon>

            Comment by adamh posted on

            Lewon - it's up top you whether you want to obtain a copy or not. There is not normally a need to have a copy and the future buyer certainly won't need to see one
            But if you do want a copy of the actual Transfer then form OC2 can be used to request it

  156. Comment by Rob posted on

    I am trying to find out where the title deeds are to my mum's home, where she has lived for over 60 years. The property is not registered with Land Registry - I've checked, so how on earth can I prove it's her house? (I know it is, but cannot find proof). My mum has dementia, so its impossible to ask her about these sorts of things....help!!!

    Reply
    • Replies to Rob>

      Comment by adamh posted on

      Rob - it is not easy, as you already appreciate although I'm afraid the onus is very much on the owner to prove their ownership in such cases.

      Our Practice Guide 2 explains how to apply and what we are likely to require but you will need to carry out quite a bit of detective work in order to achieve registration.
      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      Hopefully you have some evidence of who she has banked with or sought legal advice from in the past - this would be the two starting points I would suggest

      There is also the issue of her dementia and you may need to consider what you can do to take legal control of her affairs if you have not already done so - I mention that purely because getting information from a solicitor/bank may require this.

      Reply
      • Replies to adamh>

        Comment by Rob posted on

        Thank you very much for your reply!
        I had a horrible feeling it was going to get complicated and time consuming - sadly the solicitors my parents used have long gone, and they never had a bank current account! I thought I knew who they had their mortgage with, and contacted the building society in question - but they had no records with my parents name. At the moment all roads are leading to a black hole!!!

        Your point "I'm afraid the onus is very much on the owner to prove their ownership in such cases" is also an issue. My mum - the owner - does not have the mental capacity to do this / understand what is going on.
        Presumably this is going to cause me all sorts of problems. It's far too late to get a Power of Attorney set up, my only recourse now I fear is a Court of Protection order - another complicated legal minefield to traverse!

        Reply
        • Replies to Rob>

          Comment by adamh posted on

          Rob - fortunately you seem to understand it perfectly which unfortunately means it will not be easy If you are able to get the necessary powers under the court of protection then this should enable you to then start trying to explain the property ownership in some way. Keep a record of all the enquiries/searches you are making s you have something to use and then it may be a case of searching the property itself, although I suspect you have already done so

          Reply
  157. Comment by adamh posted on

    susan - the register/title plan + lease are essentially the title deeds so you can check the first two online/post and apply for a copy of the lease by post. The blog and linked to guidance explains how to do this.
    We won't hold anything else so if you are looking for anything else then I would suggest contacting whoever acted for you on the purchase

    Reply
  158. Comment by Joanne posted on

    Hi 🙂
    I am desperately hoping that you can give me some advice please!
    My parent bought their house in 1973 with a mortgage but as they were young my Grandad dealt with most of the paperwork and they don't remember even meeting a solicitor. They remember getting a letter to say the mortgage was paid off and as my Grandad worked in a bank the deeds were put in security there. 43 years later they have had a boiler fitted and its opened up a can of worms. A copy of land registry shows the company who own the leasehold as the owners!! We didn't panic...at first.....thinking we would get the deeds from the bank but they have closed their branches. We were advised to write to them which we did and after chasing them up got a call today saying no deeds with them and that anybody who had documents in the bank were contacted before the branch closed to collect them. Obviously this didn't happen and my parents are now panic stricken. We have searched the house but can't find any details even to show who their mortgage was with. Please help!!!!
    Joanne

    Reply
  159. Comment by Ian posted on

    If the property is registered with us, you can get copies of any deeds that are referred to as 'filed' in the register. See https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds . Checking the registered title will be one the main responsibilities of your solicitor as part of the sale process. In some cases a deed/conveyance may not have been produced on first registration and has now become available, or a copy of a deed which we we should hold is not available, due to an error at the time of registration.

    If you're unsure of the position regarding the registered title, it might be best to use our 'contact us' online form - http://landregistry.custhelp.com/app/contactus_general/ to give full details and we'll look into this.

    Reply
  160. Comment by Clint Jenden posted on

    I am trying to determine who owns a fence that runs along my property. Does anyone know the name of the document that details this? I believe the letter T would be highlighted on the plan for any fences that I own but do not know what the document is called that shows this?

    Reply
  161. Comment by Jane posted on

    Hi, if I search for the owner of a property will they be notified?

    Reply
    • Replies to Jane>

      Comment by adamh posted on

      Jane - they are not notified when you search

      Reply
      • Replies to adamh>

        Comment by Jane posted on

        That's great thank you. I've paid for a search now and downloaded the PDF but it's 3 pages full of zeros? Do you know why this would happen.

        Reply
        • Replies to Jane>

          Comment by adamh posted on

          Jane - sounds like the file has been corrupted on receipt. Use our online enquiry form to query it with the support team and provide the worldpay transaction id so that they can check for you
          http://landregistry.custhelp.com/app/contactus_findprop/

          Reply
        • Replies to Jane>

          Comment by adamh posted on

          Jane - I see you have also posted on our forum re the issue so hold fire with the online enquiry as someone will contact you via the forum instead

          Reply
  162. Comment by Deborah Tyler posted on

    We are in the process of purchasing a late 18C property which has been registered with Land Registry since 2008. There have been some right of access issues and the seller has made arrangements with their parish council to agree to various right of access terms. All of this has been done through solicitors, however our solicitor is concerned that the new information is not listed on the current registration of the property. How would we go about doing this, is there a cost and how long would it take? Thanks

    Reply
  163. Comment by Deborah Tyler posted on

    Thanks Adamh, I have copies of two documents;one is a Deed of Easement and the other a Licence Deed. They are both dated 5th April 2016 and as i understand have not been added to the title deeds. We are keen to exchange soon. Is this something the seller should register or can we. Also what is the time scale and cost to do this?

    Reply
    • Replies to Deborah Tyler>

      Comment by adamh posted on

      Deborah - the seller can apply to register but that is really a matter of negotiation between the two of you
      The registration cost is £40 if only affecting the two registered titles
      And whilst timescales can vary you are probably looking at 2 weeks if everything is in order

      Reply
  164. Comment by Abs Yesufu posted on

    Hello
    I have a charge on my title deed for a company that was dissolved a few years ago. If I sell my house, what happens to that charge?
    Thank you!

    Reply
    • Replies to Abs Yesufu>

      Comment by adamh posted on

      Abs - it would remain registered until discharged or removed so it is very unlikely that anyone would buy without that happening.
      If a company is dissolved then you would normally approach the liquidator/receiver who acted

      Reply
  165. Comment by adamh posted on

    Geoffrey - if you mean re the missing deeds then that would be something to raise with Santander
    If you mean with regards your legal ownership then providing the property is registered then the central electronic register will confirm this and the deeds would not be required

    Reply
  166. Comment by Holly posted on

    My grandfather died recently and we cannot find the deeds to his house. He left no record of where they might be, the solicitor who held his will does not have it and we do not know which building society he had his mortgage with although we do know it was paid off. Any ideas for how to proceed?

    Reply
  167. Comment by Steve posted on

    Hello, I'm currently trying to buy a new home with my partner. Everyone in the chain has now found properties. Someone in the middle of the chains property that they are trying to purchase is unregistered and they need to try obtaining the deeds. How long could this process take? I just want to get in my new home!!

    Reply
    • Replies to Steve>

      Comment by adamh posted on

      Steve - first registrations are currently taking on average 35/40 working days but that is an average
      The solicitor who has submitted their application can contact us with details of the linked sales and ask for expedition so I would ask your solicitor to communicate that up/down the chain

      Reply
  168. Comment by anne posted on

    How long should it take for you to return my original title deeds to my solicitor? It is now 4 months since I completed on buying my house. I have contacted my soliciltors who have told me that there is 'a delay at the land registry'.I would like to have the original deeds back .

    Reply
  169. Comment by Gloria Carlson posted on

    How could I get a copy of our Deeds, When we completed our Mortgage, we were informed by C&G that our documents are now held at HM Land Registry, this was in November 2012. Our Solicitor at that time had closed and we had no knowledge if they received the original copy from HM Land Registry, we would like to obtain a full copy of our House deeds please could you advise how we can obtain these.

    Reply
  170. Comment by julie fitch posted on

    In 1997 a family friends mother purchased a property for herself but didn't get the title deeds to the property changed from the previous owner.The previous owner has since died. The friends mother has now died leaving a will to her son. He has come across the house deeds to sell the property and discovered the unchanged deeds. What does he do ??

    Reply
    • Replies to julie fitch>

      Comment by adamh posted on

      Julie - I would suggest getting legal advice to understand what is required here and I would imagine the key aspect is what evidence/deed exists re the Mother's purchase, namely was there a legal deed completed transferring the legal ownership

      From a registration perspective the friend will have to demonstrate ho he/she is the legal owner and if the deeds do not confirm that then it will presumably be covered by the law around death, inheritance and intestacy as appropriate - all things for a solicitor to advise on

      Reply
      • Replies to adamh>

        Comment by julie fitch posted on

        I understand he has a receipt for the monies paid for the property. He has already submitted it to Land Registry with council tax remittance bills from the local council proving his mother was paying the service bills etc. This has been rejected. The previous deceased owner from 1997 has a living daughter. She has been contacted by my friend and she says she is aware of the sale back in 1997 and has no claim on the property. Would a declaration from this living relative surfice to clear this matter up ?

        Reply
        • Replies to julie fitch>

          Comment by adamh posted on

          Julie - the evidence you refer to would not be sufficient on it's own.
          Whether a stat dec would be sufficient is something you would need to get legal advice on - the key I suspect is likely to be whether the seller/purchase executed a legal deed to transfer the ownership or not and if that simply cannot be traced i.e. lost
          If no such deed was executed then although monies changed hands there was no legal deed.
          As such you may have to explore the option of the daughter obtaining probate and now transferring the ownership to your friend - this is something you really must get legal advice on though

          Reply
          • Replies to adamh>

            Comment by julie fitch posted on

            I will ask him that question. If there was a legal deed to transfer the ownership executed what should he do ?

          • Replies to julie fitch>

            Comment by adamh posted on

            Register it - if he can't find it then make a stat dec to show how one was drawn up and what happened to it.
            Bottom line is that he has to prove that the legal ownership was transferred and that is where the legal advice must come in

      • Replies to adamh>

        Comment by julie fitch posted on

        my friend has a receipt for monies paid for the property. He has already submitted it to land registry along with council tax remittance payments going back to 1997 to prove his mother lived there and paid the service bills etc. This has been rejected. There is a living relative of the deceased lady from 1997 who has been contacted by my friend and she can remember the purchase and says she has no claim on the property. Would a signed declaration from this relative surfice to clear this matter up?

        Reply
  171. Comment by adamh posted on

    Raymond - I can appreciate your frustration when certain information, which you might expect us to hold, is in fact unavailable from us.

    I assume the issue has been investigated already by us? - if so what is the title number you are dealing with please?

    Reply
    • Replies to adamh>

      Comment by Raymond Yam posted on

      The reason I'm unhappy is that the Land Registry purports to hold all the important information: who owns the property, where the boundaries of that property are. And conveyancers are happy to go with that: they hand you a print out of the title registration and "you're the property owner, congrats, no you don't need any title deeds, and no you are not going to get them, for all we know they don't exist". And then when you actually find out that there is useful information in the deeds like who maintains the boundary, suddenly nobody wants responsibility for this information.
      The Land Registry created that situation by declaring title deeds were redundant, but neglected the possibility that perhaps they weren't that useless after all, and somehow decided that making a full scan of the deeds just in case would be too much effort.

      Reply
      • Replies to Raymond Yam>

        Comment by adamh posted on

        Raymond - thank you for clarifying
        Historically the original deeds were held by the property owner or if secured against a mortgage by their lender. Once registered we would create a title register and title plan and return the original deeds to the applicant.
        We were never a deeds repository and the key details re legal ownership, general boundaries, rights, covenants and other interests were recorded on the register. At no stage have we declared the original deeds to be redundant.

        Scanning is a relatively new exercise in registration terms although we still only scan certain original documents along with any submitted after a title has been registered for the first time.

        Reply
  172. Comment by Ian posted on

    Christine - you do not say whether this property is registered with us, but in any event this is not some we are directly involved with or can advise on. The usual protocol would be to inform the borrower prior to destruction so that they have an opportunity to request the deeds back, but essentially this is something you'd need to discuss further with Santander or formally via their complaint process.

    Citizen advice has some information on this - https://www.citizensadvice.org.uk/debt-and-money/banking/complaints-about-banks-and-building-societies/

    Reply
  173. Comment by Ian posted on

    Julie - there are probably three different scenarios here depending on the wording in the title register. 1) The covenants will be shown set out on the register 2) The covenants will be referred to on the register as 'filed' in which case you can apply for a copy of the deed for £7 - https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds or 3) The existence of covenants will be referred to in another deed or in an extract, but no further details will have been provided on first registration to us. This means that we can only record that the land is subject to those covenants, but cannot give details of what the covenants relate to. Sometimes the Deed that contains the covenants will have been lost or destroyed and so is unlikely ever to become available.

    I hope this is of assistance.

    Reply
  174. Comment by Ian posted on

    beak - This may be difficult but the next step is to contact us online - http://landregistry.custhelp.com/app/contactus_general/ or by post - https://www.gov.uk/guidance/land-registry-address-for-applications giving as much details as possible. We'll then consider, checking our files as appropriate.

    Reply
    • Replies to Ian>

      Comment by beak posted on

      Ian,
      Thank you for your prompt reply .... we will contact customer help as suggested .... all the best and thanks again,

      Reply
  175. Comment by JoJo Darling posted on

    Hi
    My dad extended a garage over 20 years ago.
    I am at present selling the garages but they are on the deeds as two single garages even though the one my dad extended is now a double.
    What do I do?
    Thanks

    Reply
  176. Comment by Joe posted on

    Hi,

    I've got the title register and there's a note at the end of the document that reads "NOTE: original filed"

    Does that mean the Land Registry keeps all the original documents in relation to this property? If so, how can I have the original documents back?

    I also noticed that on some of the title register, it has a note that reads copy filed. I want to know on what basis does the Land Registry decide to keep an original copy or a copy instead?

    Thank you very much.

    Joe

    Reply
    • Replies to Joe>

      Comment by adamh posted on

      Joe - the notes relate to the document referred to and filed by us when it was noted on the register. It does not mean we have kept 'all' the original (or copy) documents.
      You can apply for a copy of the filed document using a form OC2 and paying a £7 fee per copy - our online guidance explains how to do this
      https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

      The basis behind keeping an original or a copy relates simply to what the policy was at the time the document was registered and/or whether an original/copy was supplied to us. These referred to on the register as 'filed' documents are now scanned so there is only ever a copy now available. The original and copy documents once held in paper format will have been destroyed after scanning.

      Reply
  177. Comment by Linda Davidson-Dillon posted on

    Hi, can any one offer me any sort of advice.
    My mother in law died 18 months ago and we have put the house up for sale and sold within the first few days.
    However unfortunately the property hasn't been registered nor can we find the title deeds. She hasn't left any indication where the deeds may be and now the house sale has come to a standstill.
    We have been told that without them we are unable to sell the house or we would have to take a massive drop in the purchase price.
    As the house was purchased in the early 50's and there is only my Partner and he has no living family to ask we are at a loss.
    I would appreciate any sort of help or advice that is given.
    Kind regards,

    Reply
  178. Comment by Sam Hudson posted on

    Hi, apologies if this is the wrong place to comment but I have around 100/150 deeds (also wills, mortgage documents) dating from early 1800's to late 1800's sitting in my garage. Any ideas of where I can sell/donate them, please?

    Reply
    • Replies to Sam Hudson>

      Comment by adamh posted on

      Sam - your county record office might be worth contacting. Otherwise try online forums such as Money Saving Expert to see if anyone has any suggestions

      Reply
      • Replies to adamh>

        Comment by Sam Hudson posted on

        Thanks for the advice Adam! Much appreciated.

        Reply
  179. Comment by Amanda posted on

    I have a Title Register (leasehold) with 2 lease parties. The register states 'Landlord's title is registered'. How do I find out who is the Landlord?

    Reply
  180. Comment by Claire doherty posted on

    I have repaid my mortgage and my building society is telling me I need to instruct a solicitor before I can get my title deeds back.. Is this correct?

    Reply
    • Replies to Claire doherty>

      Comment by adamh posted on

      Claire - something to query with your lender really. If the property is registered, and it will be if you bought in last 25 years, then the deeds are no longer the proof of ownership as the blog explains
      Perhaps they are referring to something else so worth clarifying why with them

      Reply
  181. Comment by Carlo Picasso Decorators posted on

    The house I live in isn't registered with the land registry. I've lived in it 6 years so far renting from an elderly lady who inherited the house from her mother who died about 15 years ago. Should she register it? Could someone even try to say it's theirs and register it?

    Reply
    • Replies to Carlo Picasso Decorators>

      Comment by adamh posted on

      Carlo - we recommend registering it as it can avoid issues arising should she wish to sell or someone else inherits in the future. No compulsion to do so though.
      Practice Guide 1 explains how to register https://www.gov.uk/government/publications/first-registrations
      As she has inherited she will need probate for the deceased owner and then have the executor transfer it to her.
      Ownership is proven via the original deeds. For someone to claim ownership without them they need to prove they had a valid legal claim, for example through occupying the property for 12+ years

      Reply
  182. Comment by Jessica Pearson posted on

    There is a small patch of land which runs down the side of my garden and border's our neighbour's driveway. Will the title deeds to my property show if I own this land?

    Reply
  183. Comment by julia bland posted on

    Hello,, new to this chat.
    wonder if you can help. I'm selling my late mums house. mum used the same solicitors since the 80's. due to issues with them I have moved the conveyancing to another company. we asked the former company for the deeds. however they are lost. they are saying they passed them to another bank solicitors, they say they only had them in 1987. now the old company has caused weeks of delays, now this. any idea how much and how long it will take to get new ones ?

    Reply
    • Replies to julia bland>

      Comment by adamh posted on

      Julia - I assume the property is unregistered so you would need to apply for first registration as per our Practice Guide 2
      https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

      The current average timescale is 60 working days so it is likely to take several weeks to complete providing all is in order.

      Reply
      • Replies to adamh>

        Comment by julia bland posted on

        Hi. The house was shared 50/50 and both are now deceased. We have original house deeds. One that shows both deceased owning it is lost but we have the following which shows me as trustee and my now late mother.

        I found a solicitors who had a copy of the lost deed and ive asked if they can certify it so it can be used. 6 weeks more will mean we lose the sale. The solicitors were told in jan this year we would use them and they again said in april they had the deeds. Now due to delays i changed companies it seems they don't have it yet only admitted it when new company asked where it was. Cant believe solicitors lose them and dont seem to be bothered.

        Reply
        • Replies to julia bland>

          Comment by adamh posted on

          Julia - very frustrating. Hopefully your new solicitor will be able to resolve it but time is clearly important

          Reply
          • Replies to adamh>

            Comment by julia bland posted on

            Hi. I tracked down the missing deed. Only a copy though but the solicitors can issue the contract. I asked the chairman of the actual solicitors who can't find them to carry out another search. Having the 1 before and 1 after seems odd when rhe middle 1 is missing. Wonder if you can advise on another point. The will of first deceased left his share to be held in a trust. My mother wasnt a beneficiary. Yet on the missing deed it states joint tenancy in hand writing. I cant get clear answer if this meant mum inherited his share and should have been added to her probate or not

          • Replies to julia bland>

            Comment by adamh posted on

            Julia - how the beneficial ownership was held and in what shares is not something we can advise on I'm afraid. We deal with the legal ownership and that is what the original deeds deal with
            Probate relates to who has the authority to deal with the deceased's estate and there is no direct link between who inherits and who should be named as the personal representative by way of the probate
            You will have to rely on your solicitor to unravel and explain things

          • Replies to adamh>

            Comment by julia bland posted on

            Thank you anyway. I will keep at them till i get a clear answer

  184. Comment by Renata posted on

    Hello, could anyone help me? I have a big problem with my neighbour. There is a shared driveway which is belong to my neighbour and tries to make my access to my property a bit difficult also I should have an access to my property from the back of my neighbour property which he blocked. I was abused by him many times, I left my house because of him. Does anyone know where I can my rights regarding my property? I have already bought register title and Land Registry believed I can find this this information there, but I did not

    Reply
    • Replies to Renata>

      Comment by adamh posted on

      Renata - it's legal advice/help you need here. If you need wider online advice then I would suggest trying forums such as Garden Law or Money Saving Expert
      This is a blog so it is rare for anyone else other than ourselves to comment on other people's comments I'm afraid

      Reply
      • Replies to adamh>

        Comment by Renata posted on

        Hi, thank you for your reply. I just wanted to know if anyone can help me where I can get the document with my rights ( like access to my property, what fance belongs to my property). I had one but I can find it. Can I get the copy of it from somewhere? I thought it's a part of the deeds. I know what is in, but I need the
        official written form. When I have this document I can ask for legal advice.

        Reply
  185. Comment by adamh posted on

    Renata - you can apply by post using a form OC2. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
    That works providing the Conveyance is referred to on the register as filed

    Reply
    • Replies to adamh>

      Comment by Renata posted on

      Thank you so much for your help. I looked at a form, I'm just a bit confuse how to fill it in and I hope I get what I need ( legal report)

      Reply
      • Replies to Renata>

        Comment by adamh posted on

        Renata - if you have difficulties with the form then you can ring our support team on 0300 006 0411

        Reply
        • Replies to adamh>

          Comment by Renata posted on

          Thank you for you help, it was really helpful to me

          Reply
  186. Comment by John posted on

    Hi, I have recently agreed the sale of my property and instructed conveyancing to begin. My solicitor has advised me that my property isn't registered to me, it is still registered to the previous owner! It appears that when I purchased the property three years ago my then solicitor hasn't completed the registration process. Since then the solicitors have been closed down and my file maybe stored elsewhere.
    I now have a buyer desperate to get thing's moving and haven't a clue how to proceed....any advice?

    Reply
    • Replies to John>

      Comment by adamh posted on

      John - your solicitor will know what to do starting with checking with the Solicitirs Regulation Authority to confirm who took responsibility for the closed firm's records etc.
      You will need to identify and retrieve the legal documents which confirm the purchase. Hopefully as it is within a few years the situation is retrievable. If not then you are likely to have to trace the seller and get a fresh Transfer completed

      Reply
  187. Comment by Wendy Harris posted on

    I bought my house outright in 2008 and was told at the time my deeds would be held by the Land registry ,I have checked my title by digital download and there is no reference to holding my deeds ? so is that correct all I have is my title number and a plan outlining my plot ? I need more detail of the boundary as I am in dispute with the council who have a title to the land beyond mine leading to a river ? I cant find their title no though ?

    Reply
  188. Comment by Ian posted on

    Amanda - The documents which essentially show your ownership (and what you own) are the title register and plan. They are held electronically and you can download plain copies online for £3 each - https://www.gov.uk/get-information-about-property-and-land/search-the-register .

    If by deeds you mean the original title deeds (such as old conveyances) then, as mentioned in the blog, when land or property is registered for the first time we create scanned copies of some deeds and then return all the original title deeds to whoever lodged them (usually the solicitor or conveyancer acting on behalf of the buyer). If you want to get scanned copies of any deeds that are referred to as 'filed' on the title register, these are available for £7 each but you will need to apply by post - https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds .

    I hope this helps to clarify things.

    Reply
  189. Comment by Ian posted on

    Hi. I am sorry to hear of your loss.

    If you've not already done so, I would satisfy yourselves that Nationwide have conducted a full check of their records - you don't say whether Nationwide have any record the mortgage in question or just that they don't have a record of holding the title deeds to the property. In any event, they should be able to refer to their own document handling policies and those of the predecessor lenders.

    It does appear that the property is not registered in which case we will not hold any information. Please see our guidance which explains what you need to do if you want to confirm this - https://www.gov.uk/get-information-about-property-and-land/search-the-index-map .

    First registration of property where some or all of the deeds have been lost or destroyed is more complex and these applications are usually lodged on the owner's behalf by a legal conveyancing professional, such as a solicitor. Some background guidance is set out in our Practice Guide - http://bit.ly/2bI3Xra which may be of interest. This has been written for legal professionals and may therefore contain some unfamiliar terms.

    Reply
    • Replies to Ian>

      Comment by HmmmUK posted on

      Thanks for the quick reply - it's appreciated.
      I'll be getting back to Nationwide; can get tricky when you are told "we have no details" etc.
      They did pull up some records so I'll ask what they are.
      I've managed to find some old statements showing a regular SO to the Portman BS and also a small regular payment for a "Deedsafe loan" again with Portman which could well be the service that goes on to hold your deeds. I'll try asking them to look again - but not ideal...

      Reply
      • Replies to HmmmUK>

        Comment by Ian posted on

        You're welcome. The old statements may be useful as they appear to indicate that Portman did hold the deeds at some point.

        Reply
        • Replies to Ian>

          Comment by HmmmUK posted on

          UPDATE.
          Thankfully going back to the Nationwide and asking them to check again was successful and they have now given us a reference for the deeds they've now located! Super-stressful!

          Can you suggest the cleanest route to make things current/digital. It looks like we still have to 'First Register(voluntarily)'. Can this be done directly via an institution like Nationwide or will we have to request the deeds are sent to us and then either register ourselves or use a solicitor?
          Thanks again.

          Reply
          • Replies to HmmmUK>

            Comment by adamh posted on

            HmmmUK - I'm not aware that Nationwide offer that service but you can ask them. Otherwise it's a conveyancer you need or you can do it yourself
            https://www.gov.uk/government/publications/first-registrations

          • Replies to adamh>

            Comment by HmmmUK posted on

            Thanks.
            Looking at the 'fees' for First Registration (voluntarily)
            the guide shows a 'value' price. Is that based on the current value or
            the price paid when my parents bought the property (in 1983)? There's no
            transaction taking place at the moment we are just trying to get the
            deeds/registration current.

          • Replies to HmmmUK>

            Comment by adamh posted on

            HmmmUK - you would use the current market value

  190. Comment by Ian posted on

    Jeanie - If the house has been sold to new owners then any mortgage by the previous owners will not normally appear in the current register of title. However if you do require this information then you can either purchase an historical edition of the register or get a copy of the mortgage deed itself which we should still hold.

    It might be best to contact us with the property details first if needed and we can then look into this and advise you how best to proceed.

    Reply
  191. Comment by NimishP posted on

    Martha - Any limitation on the ability of the property owner to seek further advances against the property is a matter between the lender and the owner. It would also depend if there is any restriction in favour of the existing lender to protect their interests.
    With regards to checking the financial reliability of an applicant, there are obligations on the recognised lenders to ensure that they do the appropriate checks.
    Hope this answers your query.

    Reply
    • Replies to NimishP>

      Comment by martha posted on

      Thank you Nimish.

      I hope I have understood. Forgive me for summing up, but for my own comfort I outline it as I see it:

      1. The first charge on a flat is the mortgage LENDER's (Halifax). The loan was made to the divorcing couple's daughter (the 'OWNER') who pays the mortgage.
      2. A second charge on the property is in favour of her mother, who put in a large sum to safeguard it from the father's profligacy.

      Now, the father (after a Court Order awarded him a sum of money) wants to divide the second charge between him and the mother (ex-wife) so that he has a personal third charge, and it against this that the family fears he will borrow.

      So, as I understand your answer:

      1. this matter is between HALIFAX and THE DAUGHTER (mortgage payer/owner).
      2. the DAUGHTER needs to check whether HALIFAX has any restrictions to protect their own interests.
      3. the FATHER has not gone bankrupt but into enforced company liquidation. Would this appear automatically on the 'appropriate checks' made by HALIFAX or should they be informed do you think?

      Thank you so much for providing this service.
      Martha

      Reply
      • Replies to martha>

        Comment by NimishP posted on

        Martha
        I am not clear about what precisely you are querying. In your original question you refer to a divorce and part of the proceeds from sale of the property being given to the ex-husband, and now you are referring to a daughter and the parents.
        If your query relates to registration matter, then I would suggest you email us at customer.service@landregistry.gov.uk with the full facts and property details so that we can respond accordingly. If the matter relates to any other aspect, then I would suggest the person seeks legal advice.

        Reply
  192. Comment by Gerry posted on

    I live on a private road and need to find the deeds of who owns the verges and roads not the houses.

    Reply
  193. Comment by insanitycheck posted on

    Hi. I recently paid off my mortgage. Do I actually need to retain a copy of the deeds or is that really only necessary if/when I (or my heirs) want to sell the property? Thanks. Jon

    Reply
    • Replies to insanitycheck>

      Comment by adamh posted on

      Jon - if the property is unregistered then they are essential. If registered then they will not be needed to then sell/inherit the property but they can be helpful as an historical record or for reasons explained in the blog article itself

      Reply
      • Replies to adamh>

        Comment by insanitycheck posted on

        Thank you. The deeds are registered with the Land Registry, so, if I understand correctly those are the official documents, but I will take your advice and request a copy for my own records anyway.

        Reply
        • Replies to insanitycheck>

          Comment by adamh posted on

          Jon - they are and held electronically. No need to request a copy but some do for completeness at the time. You cna view/download and save a copy online instead if you prefer

          Reply
  194. Comment by Kath Raby posted on

    Can you tell me what security is in place to stop scammers taking ownership of my prooperty using forged documents, I have just heard a story on the news where a chaps home was put up for sale by auction by scammers who had transferred his deeds into their name. How can I protect my property?

    Reply
    • Replies to Kath Raby>

      Comment by adamh posted on

      Kath - we, along with other property professionals such as conveyancers and lenders have a variety of checks in place to help minimalist the risk of a property being fraudulently dealt with. The owner also has a role to play as well and our online guidance explains how any owner who is concerned that they may be a victim can help us to help them keep their property secure
      https://www.gov.uk/protect-land-property-from-fraud

      Reply
  195. Comment by Kath Raby posted on

    Why has my question about security been deleted? I want to know what if any security measures are in place at the land registry to stop someone stealing my identity and then transferring the deeds to mybhouse into his name so he can then sell my house without my knowledge, this isnt fiction this was a reported crime on the news

    Reply
    • Replies to Kath Raby>

      Comment by adamh posted on

      Kath -blogs are moderated so any comments have to be approved before they are published. We have done that now and replied.

      Reply
  196. Comment by Frank posted on

    My mother is entitled to require an unregistered property that consists of three parcels of land to vest in her. Clear title can be shown for two of the parcels of land back to about 1907; however, when my father bought all three parcels of land in 1960, it appears the solicitor failed to hand over the conveyance deeds that show the vendor had clear title to a part of the garden which happens to include the garage.

    The firm of solicitors who handled the transaction in 1960 still exists and seems to have been acting for vendor, purchaser and purchaser’s mortgage provider.

    Should I ring them up, blast them, and demand the missing conveyance deeds be handed over, albeit 56 years late? Should I try to find evidence for title by checking for a planning application for the garage between 1935 (a date before which the land would have been owned separately by someone who didn’t own the house) and 1960? Should I encourage my mother to go through the adverse possession route in that my father and mother have been using the garage and that bit of the garden since 1960?

    A title plan for a part of the garden, on which there is clear title, shows the part, for which there is no clear title, as belonging to the house, but conveyance deeds for the house clearly exclude it (by referring to an old title plan when the garden was smaller), from which I deduce some conveyance deeds are missing rather than it being a case of a conveyance deed for a part of the garden erroneously transferring a ‘short measure’. In making application for first registration should the title plan show the boundary around all three parcels of land including the one that was never properly conveyed to my father?

    Reply
    • Replies to Frank>

      Comment by adamh posted on

      Frank - in order to register the land you would either need to prove title to it using the deeds or claiming it as you suggest. First port of call should be solicitors as the deeds make it an easier task and can take you straight to absolute title.
      If the deeds cannot be located or they are insufficient then the adverse possession route is the next option
      When applying you can ask for the land to be added to the existing title(s) but we may simply register it separately depending on the circumstances

      Reply
  197. Comment by adamh posted on

    Frank - there isn't any wider advice I can give I'm afraid. You can search whether land is registered by its location as necessary but it sounds like your research lies elsewhere and you have a route to take.
    If you are looking for wider advice then online forums such as Garden Law can be useful resources but legal advice is always strongly recommended

    Reply
    • Replies to adamh>

      Comment by Frank posted on

      Adam, many thanks. Got an appointment tomorrow at the County Records Office in Northallerton - the conveyance deeds which my mother possesses for the two parcels of land that give clear title to my father have references stamped on them which start "North Riding Registry of Deeds ... Registered blah blah date at blah blah time in Volume blah blah Page blah blah Number blah blah", so if the 'missing' conveyance deed for the problem parcel is not 'registered' in my father's name there, then it is likely that such a conveyance deed transferring the problem parcel to my father was never created, and that legal ownership of the garage and a bit of the garden remains, by mistake, I assume, with the vendor, who of course has been dead all this time. Many thanks.

      Reply
      • Replies to Frank>

        Comment by adamh posted on

        Frank - you are fortunate that the land is in Yorkshire as only they and Middlesex had this earlier type of deeds registry

        Reply
  198. Comment by adamh posted on

    Denise - if your parents were joint owners then your Father, as sole surviving owner would have to transfer it to himself and the two of you to change it in the way suggested.
    https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
    You would lodge an official copy of the probate or death certificate as well
    I would recommend seeking legal advice as well to discuss the options available to you re thevproperty/shares

    Reply
    • Replies to adamh>

      Comment by Denise Stott posted on

      They were tenants in common. I find the forms to fill in very complicated.
      Thanks.

      Reply
      • Replies to Denise Stott>

        Comment by adamh posted on

        Denise - if registered in joint names then any transfer now would be done by the surviving owner. The TIC aspect will relate to the restriction (if registered) on the title only as it affect the beneficial ownership (the % shares)
        There are notes to help complete forms TR1and AP1 but if you have any difficulties then you can ring our support team on 03000060411 but we cannot give you legal advice

        Reply
  199. Comment by adamh posted on

    Frank - it's something you will need to get legal advice on. We only deal with applications and not what in essence is a hypothetical situation until it is submitted as an application.
    The only comment I can perhaps make is that we register legal deeds and not 'likely intentions'. If the legal deeds do not exist then we can consider 'claims' as per our guidance on adverse possession. But this is one to unravel with your legal advice as the law is very complex on such issues and we do not provide such an advice service I'm afraid
    I hope Monday's meeting moves the situation forward in the same positive fashion the archivist achieved for you

    Reply
    • Replies to adamh>

      Comment by Frank posted on

      Adam, many thanks. That is very clear: I have to find Vendor A's executors, who may also now be deceased, and get them to sign off (for nil consideration) on a new deed that will give absolute title to my mother, or get my mother to go the adverse possession route and have my mother be content with an inferior form of title that is open to challenge by anyone with a better claim. Many thanks. Not the news I want to hear, but these things are sent to try us.

      Reply
  200. Comment by Anna Gill posted on

    My husband and I have made an offer on a house. We have now been advised that the house (and 3acre paddock) are not registered with the Land Registry. The vendor acquired the land in 1983 and build the house himself. He does not have the deeds and has changed solicitors. Solicitors that dealt with the conveyancing in 1983 have been contacted but do not have any relevant correspondence/documentation. The estate agents are woolly and the vendor is elderly. We need to complete in 3 months from now to avoid having to re- apply for the mortgage (due to my husbands age). Can you advise what the process would be for the vendor to prove ownership of the land so that we can purchase? Many thanks for your help.

    Reply
  201. Comment by kevin charlton posted on

    im working in france and need a copy of my deeds for a bank , how can i do this ?? thanks

    Reply
    • Replies to kevin charlton>

      Comment by adamh posted on

      Kevin - all depends on what type of copy they require. You can view/download and save/print a copy of the register and title plan online. In most cases the online version is acceptable but that all depends on the bank of course

      If they require a hard copy then you would have to apply by post and either provide a banker's draft by way of payment or ask someone resident here to apply/pay by cheque and then forward the hard copies on to you in France

      The online and postal options are explained online
      https://www.gov.uk/get-information-about-property-and-land/search-the-register

      Reply
  202. Comment by Watson posted on

    Hi. My mother and father have lived in their house for 45 years. It was left to them by my dads mother in her will. It was left to her by her husband but there was no Will. The house has never been registered and as far as I know they have no documents apart from my grandmothers Will to say it's left to them. Can they be registered on the land register and acquire the title deeds. I'm concerned they have no rights even after 45 years. They want to sort there Wills and make sure it's left to all of us children. Any advice would be helpful. Thanks

    Reply
  203. Comment by Patricia posted on

    Does this mean that if I bought a property in 2014 I need to register it?

    Reply
    • Replies to Patricia>

      Comment by NimishP posted on

      Patricia - Any purchase, mortgage or dealing of a land or property in England and Wales triggers compulsory registration, if it is not already registered at Land Registry. If you bought the property in 2014, it should most likely have been registered with us.

      Guidance on our website on GOV.UK explains how you can get information about property and land, including confirming if it is registered - https://www.gov.uk/get-information-about-property-and-land/overview

      Hope this helps.

      Reply
  204. Comment by Alex Odlin posted on

    Hi - hoping someone can help.... I have an issue holding up the sale of my flat currently. I have a full copy of lease but the land registry hold an incomplete version - missing 2 pages. The inconsistency means that my buyers solicitor will not move forward. How do I get the land registry to update their details - they will hold exact versions for the other flats and I have the complete version of mine to send.

    Reply
    • Replies to Alex Odlin>

      Comment by adamh posted on

      Alex - send a certified copy of your lease in with a request update our own copy

      Reply
  205. Comment by Marie posted on

    Hello, We paid our mortgage off in November 2016, I have just downloaded the title register from the Land Registry website and the Lender is still listed as the building society we had the mortgage with. How do I go about getting them removed, or do I not need to? Thank you

    Reply
    • Replies to Marie>

      Comment by adamh posted on

      Marie -the lender needs to apply to remove the charge. I assume they have yet to do so as once they have its normally removed electronically so in a matter of seconds. I'd suggest contacting them to check whether they have auctioned it

      Reply
      • Replies to adamh>

        Comment by Marie posted on

        I will give them a call. Thanks for the speedy response.

        Reply
  206. Comment by Janet Ellis posted on

    We have lived in our current house since 1986. We had a Nationwide mortgage which was paid off approximately 12 years ago. At that time I phoned to ask for the deeds and was told they don't keep them. I have never really needed them until now, how do I find out who has them?

    Reply
  207. Comment by NimishP posted on

    Gary - I would suggest you check first if the land is registered at Land Registry, and if so, who is the legal owner of the land. You can then consider obtaining information on how the land was registered to them, and if appropriate, the person before them. The link to our website on GOV.UK will help you on guidance for how to get information about property and land - https://www.gov.uk/get-information-about-property-and-land/overview

    Reply
  208. Comment by karen posted on

    we bought our house in 1991 after we rented it after so many years. our solicitor asked us if we wanted to leave our title deeds with them for safe keeping, which we did. now 25yrs on my house matures next month, they say they dont have them and also ive found out my house isn't even registered on the land registry, where do i go from here please?

    Reply
  209. Comment by adamh posted on

    Maxine - this is a blog so it's rare for posters to return or 'follow' their own comment/replies I'm afraid.

    Reply
  210. Comment by cheryl posted on

    My married name is on my title deeds. I have reverted to my maiden name now, which is in my passport. Do I need to change the name on my title deeds too? How?!

    Reply
  211. Comment by NimishP posted on

    Cheryl - It would be difficult to specify the nature of delays, but often where there is a variation in the names we would have to take some additional actions and this could cause add a few more days for the application to be completed.

    Reply
  212. Comment by NimishP posted on

    Jennifer - The duration it may take for us to complete a registration application will vary depending on nature of the application, whether we have all the relevant information, and what work it involves.

    Our standard is to complete registration applications within five weeks, and 80% of straight forward applications are completed within 5 working days. However, we do have delays on some types of applications, such as first registration, registration of new leases, transfer of part of land, etc., due to volume of such applications and the complexity of work involved.

    I cannot give you an exact estimated completion date, but the solicitor who submitted the application can check the progress of your application using our Application Enquiry. If the application is delayed due to stock situation at Land Registry, and is holding up a subsequent transaction, then we can consider a request to expedite it in certain circumstances.

    Hope this helps.

    Reply
    • Replies to NimishP>

      Comment by Jennifer Evans posted on

      It took 24 hours!!! Very pleased!! I hope combining the house and land ownership is as swift!

      Reply
  213. Comment by adamh posted on

    David - really sorry to read that. You will need to pursue this with the solicitor involved as they will be key to providing the evidence you will need to provide to create a registered title. Our Practice Guide explains what is required but I would recommend exploring with them how to complete the process https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

    Reply
  214. Comment by ann posted on

    Hi,
    I bought a property in Leeds in 1992 without a mortgage and the deeds were stored with a local solicitor. I do not know the name of the solicitor (if indeed they still exist) and need 'deeds' ready for the sale. I have checked the online facility and the property has a title number so does this mean I can apply for a copy of the 'deed' from Land Registry for my solicitor. Would that be a valid document to sell the property? There are so many forms listed on the site it seems very confusing to know which one I should use.
    Many thanks.
    Ann

    Reply
    • Replies to ann>

      Comment by adamh posted on

      Ann - the property is registered so you would not need the deeds to prove ownership. Your solicitors will download the necessary documents themselves.

      Reply
    • Replies to ann>

      Comment by ann posted on

      Hi,
      Thank you for your reply. That is good news. Many thanks.

      Reply
  215. Comment by mrmiruk posted on

    Hello, I'm looking to obtain a copy of the title deeds for my current property as I want to see if there are any restrictive covenants and the ownership of boundaries. I have downloaded the Title Register but can't find a statement anywhere saying the deeds have been 'filed'. Should I still in the form OC2?
    It also mentions "The deeds could be made up of several documents. Each document costs £7." how would I know how many documents are needed as I need to write a cheque for the application?
    Many thanks for your help

    Reply
    • Replies to mrmiruk>

      Comment by adamh posted on

      Mrmiruk - if there are no deeds referred to as filed then I assume there are no entries referring to covenants etc. If so then there are no deeds to apply for

      Reply
      • Replies to adamh>

        Comment by mrmiruk posted on

        thank you for response adamh. There is a covenant mentioned in the Title Register (dating back 1930). I've been told to get the deeds as this will show the boundaries, covenants, etc. However both the title plan and register seem to show this information already. Maybe a lack of understanding from my part but what is the difference between the title register/plan and the title deeds?
        I ask because i'm looking to split the current land (to build a new house) but need to know the information about the current property/land. Many thanks

        Reply
        • Replies to mrmiruk>

          Comment by adamh posted on

          Mrmiruk - the title register and plan are the title deeds effectively. Sounds like you have what there is

          Reply
  216. Comment by babs83 posted on

    When we purchased our house 3 years ago as tenants in common we also made a Deed of Trust as one of us paid all the expenses of purchasing (£36k) and the other paid nil. Would our solicitor have had to lodge this Deed with the Land Registry? I have checked the title deeds and there is no mention of the Deed of Trust on them.

    Reply
    • Replies to babs83>

      Comment by adamh posted on

      bas83 - it is very rare for such a deed to be submitted to as invariably they/you seek to protect it/the TIC by applying for a form A restriction to be registered on the title when you are registered as joint owners. https://www.gov.uk/joint-property-ownership

      If you were asking simply to see if an entry related to the TIC then the reply covers that. If you are trying to trace a copy of the deed and think it may have been submitted then complete our contact form and our support team can check and advise https://landregistry.custhelp.com/app/contactus_general/

      Reply
  217. Comment by cheshirewoofy posted on

    I repaid my mortgage with HSBC some 10 years ago and agreed they would hold onto the Deeds/LandCertificate as that would be safer than my keeping them in the house. HSBC are now withdrawing that service and I have now received a bundle of "Pre-registration Deeds and Documents". I was expecting this to include a Land Certificate but it does not nor anything which confirms that the unencumbered title again rests with me. Can you advise what documents I should have in this regard. Many thanks

    Reply
  218. Comment by Lynn Cowen posted on

    Hi, I have recently redeemed my mortgage & asked my lender, Nationwide about the title deeds. They said my title deeds are held by the Land Registry and gave me a reference. Is it likely that you hold the original deeds & how do I get them? Thanks

    Reply
    • Replies to Lynn Cowen>

      Comment by adamh posted on

      Lynn - we won't have the original deeds and this article explains that for you. The register is held electronically so if you need to prove ownership you get a copy from us as and when needed.

      Reply
  219. Comment by adamh posted on

    Aksar - you can apply for. Either an historical edition of the register showing your details from when you owned it or or a copy of the transfer from you to your buyer. Complete our online Enquiry form with the details and exactly what it is you need and our support team will advise further http://landregistry.custhelp.com/app/contactus_general/

    Reply
  220. Comment by Miranda posted on

    I am trying to get hold of my neigbours original title deeds as there is a private right of way listed on my original plans and i have been told that others have right of way over the land and i want to find out exactly who has this righ with looking at their original drawn title plans similar to mine

    Reply
  221. Comment by Louise posted on

    Hello, I have an electronic copy of my deeds, but I don't have a copy of the original paper ones. The electronic ones are accurate, but I'm a bit confused as to whether I still need the paper ones of not? Accord Mortgages website states that they do not keep copies and the solicitor has closed who did the conveyancing, my ex husband may have taken them and he has disappeared. Do I really need the paper copies any more? I was of the understanding that the electronic title copy showed who had legal ownership and I have no sentimental attachment to the deeds. A court order forced my ex husband's removal from the deeds and this is clear on the electronic copy.
    Thanks in advance, I just want to be sure.

    Reply
    • Replies to Louise>

      Comment by adamh posted on

      Louise - once registered the title/legal ownership is held electronically. The paper deeds can be helpful for historical data but are not relevant to your legal ownership or as proof for example

      Reply
  222. Comment by adamh posted on

    Rosalind - if the property is registered then the electronic record, of which you have a copy, is sufficient evidence of ownership. A future buyer or lender for example would obtain an up to date copy direct from us to confirm. The paper copy you hold is purely for you own information purposes so is not needed to prove ownership to a third party

    Reply
  223. Comment by adamh posted on

    Jenny - contact the Solicitors Regulation Authority to checka nd confirm which firm took over their files/records when the firm was closed http://www.sra.org.uk/consumers/problems/solicitor-closed-down.page

    Reply
  224. Comment by Ian posted on

    Martin - I regret I'm not clear as to the nature of your easement application. Official copies (OC1 is for an official copy of the register and/or title plan // OC2 is for an official copy of any filed deeds that we may hold) would not normally be required to be lodged with registration applications. Please email customer.service@landregistry.gov.uk with further details if you're still unsure how to proceed.

    Reply
  225. Comment by adamh posted on

    Andrew - a registered title would not refer to a 'public' right of way. I would start by checking the registered titles as appropriate to see what private rights (if any) are registered and go from there https://www.gov.uk/search-property-information-land-registry

    Reply
  226. Comment by Victoria Baker posted on

    In the original transfer deeds for part of our property, from 1925, there's reference to a private right of way, however in the registered title the original right of way is shown as comprising part of our title (i.e. included in area edged red in plan) and there's no reference to it in part C the charges register. We've no other documentation for what was agreed between 1925 and registration and the grantor is a company that was dissolved sometime ago. There is no evidence of any right of way and, if it exists, it leads only to our property. Does the original private right of way exist or does the registered title supersede the old documents? Thanks

    Reply
    • Replies to Victoria Baker>

      Comment by adamh posted on

      Victoria - if it's granted/reserved in a legal deed then it exists but the key point is perhaps whether it is still capable of being registered. I assume the 'original transfer deeds' are not specifically mentioned on the title but the right of way, albeit partially, is. As such you may be implying that something changed in the intervening years to create the current situation. But that's an unsafe implication and it may be worth contacting us to ascertain the basis for the current registration re the right of way. And then compare with the information you have.
      http://landregistry.custhelp.com/app/contactus_general/
      The alternative is to apply to register the right and our PG explains how. https://www.gov.uk/government/publications/easements

      Reply
      • Replies to adamh>

        Comment by Victoria Baker posted on

        Thanks for getting back to me so quickly. Actually it's the other way around, the registered title refers to the restrictive covenants in the 1925 transfer but there's no reference to the right of way. And the land relating to the right of way, a 10 ft strip of land between road and river, is shown on the plan to form part of the registered title. Our concern is that the registered title is wrong and we don't own this strip of land - which goes through the centre of our property and under our house!

        Reply
        • Replies to Victoria Baker>

          Comment by adamh posted on

          Victoria - I'd suggest contacting us with the specifics using the contact form as it's impossible to pass any specific comment without looking at the title concerned.

          Reply
  227. Comment by Shaun Gilmartin posted on

    hello there. My mother wishes to transfer her property that was jointly owned by herself and now deceased husband that isn't registered but has the deeds. what would be the order of paperwork filling in to register and transfer? Would she register it in her name then transfer or transfer and then register to the person being transferred to. I understand the property is now hers automatically although the deeds have my fathers name on so is a death cert required by somebody along the line and at what stage is that presented.

    Reply
    • Replies to Shaun Gilmartin>

      Comment by adamh posted on

      Shaun - if the property is unregistered then any transfer now will trigger the need to register the property for the first time
      https://www.gov.uk/government/publications/first-registrations

      There are no prescribed forms for dealing with an unregistered property but you can use them if you wish. For a transfer you would use a form TR1 and our online guidance explains what is required.
      https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property
      NB - the guidance refers to form AP1 but as this would be a first registraiton please use forms FR1/DL as explained in the Practice Guide 1 and ignore reference to the AP1

      An official copy of your late Father's death certificate should also be included.

      There is no need to register first and then transfer. You don't mention who the Transfer is to, as in family or a sale. If it's a sale then the buyter may ask you to register first.

      Reply
  228. Comment by Nikki posted on

    I'm trying to find out who I had my mortgage with (and Endowment) on a property from 1990 to 2000. I have copied off the land registry doc but that only tells me the current owner who bought off of me. How can I go back to before that owner

    Reply
    • Replies to Nikki>

      Comment by adamh posted on

      Nikki - since 1993 we have kept electronic versions of title registers , the official records of the ownership of land and property. These show the owner of a property or piece of land on a specified date. You can apply for an historical copy of a title register using form HC1. https://www.gov.uk/government/publications/historical-registertitle-plan-registration-hc1

      If we do not hold an electronic title register for the date you need, we may be able to provide you with copies of deeds showing previous owners/lenders. If you know the dates of the deeds, you may complete an application form OC2 to request copies of them. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

      If you don't have any dates, for either earlier versions of the register or for the deeds, you should contact us with the title number/address and your enquiry https://landregistry.custhelp.com/app/contactus_general/

      When you contact us, be sure to give as much information as you can about the land or property you are interested in, including approximate dates of purchase/sale/mortgage etc.

      Don't worry if you are unsure but just be as clear as possible e.g. 'I owned a property back in the 90s and need to know who my mortgage lender was when I bought it'

      We will do our best to help, but please bear in mind that we may not hold this information.

      We will email you back, normally within a few days to confirm what we hold and how to apply for the details whether using HC1 or OC2 or both - the choice is normally yours. You will be charged a small fee, £7 per copy, when you apply but you are not charged for the initial contact enquiry.

      If the register details are not held electronically then we will need to check our paper records, which may mean a slight delay in replying.

      Reply
      • Replies to adamh>

        Comment by Nikki posted on

        Hi
        The Deed number is AV79380 and my occupancy was from Feb/March 1990 to June 2002. Can you confirm which form I need to complete in order to receive the information required.

        Reply
        • Replies to Nikki>

          Comment by adamh posted on

          Nikki - complete the online Enquiry form via the link provided. If there was just one mortgage between 1990 and 2002 then add that you want to confirm who the lender was when you bought.

          Reply
  229. Comment by Helen Manning posted on

    Sorry I am a bit confused. I am dealing with this for my mum. She purchased her house in 2010. She is worried that she has never seen the original deeds. Am I right in thinking that she wouldn't ever have the originals as it is all digital now? and if she wants a copy she has to apply for them? Many Thanks Helen

    Reply
    • Replies to Helen Manning>

      Comment by adamh posted on

      Helen - that is correct. If bought after 1990 then it should be registered and the record is held by us electronically

      Reply
  230. Comment by NimishP posted on

    Scott - Please refer to the guidance on our website on GOV.UK on how to get information about land and property - https://www.gov.uk/get-information-about-property-and-land

    The section 2. Search the Register includes information on how you can obtain historical information.

    Hope this helps.

    Reply
  231. Comment by NimishP posted on

    Robert - We cannot tell you whether you are liable for the excess or not. That is something that you should consult with your legal advisor or Citizens Advice.

    In terms of the ownership details, whilst the property may have not been registered in your name at Land Registry owing to backlog we have on some types of applications, it does not mean you do not own the property if it has been assigned as a result of a transfer or lease to you.

    Reply
  232. Comment by adamh posted on

    Tracey - sadly not. Try the local authority to see if they keep historical records re planning. Otherwise it's local research with neighbours, previous owners etc

    Reply
  233. Comment by adamh posted on

    Deborah - if it's registered then you can obtain a copy of the registered details direct from us. https://www.gov.uk/get-information-about-property-and-land

    Reply
  234. Comment by Denise Tanis posted on

    My mum passed away without leaving a will. The deeds to the house are in both our names, the family have known from the day we purchased the house that if my mum passed away the house would come to me. One of my brother's has said that this may not be the case and may well have to go to probate. I am really worried about this

    Reply
    • Replies to Denise Tanis>

      Comment by adamh posted on

      Denise - you really need advice on wills and probate https://www.gov.uk/wills-probate-inheritance
      It reads as if the real issue is your brother challenging your inheritance. As such it is really the law of intestacy that come into play here and it is legal advice you need

      From purely a registration perspective if the property was in joint names then probate is not required.

      Reply
      • Replies to adamh>

        Comment by Denise Tanis posted on

        My two other brothers have both said that they do not want a share of the house they all knew my mum's wishes. I have made sure I have read the deeds to the house property and both my mum and I are named on them. They don't think the house can, or should go into probate as both my mum's and my name are on the deeds. They are disgusted with my youngest brother saying that the house will have to, as he knew my mum's wishes

        Reply
        • Replies to Denise Tanis>

          Comment by adamh posted on

          Denise - if the property is in your joint names then you would not need probate to update the register. Form DJP and an official copy of the death certificate, as explained in the article woukd suffice. Probate can be needed sometimes for dealing with other parts of her estate but something to check with the Probate service or a solicitor

          Reply
          • Replies to adamh>

            Comment by Denise Tanis posted on

            Thank you for your response. I am not sleeping well, firstly because I was with my mum when she passed away and because my youngest brother believes that thevery house will have to go into probate even though my name is on the deeds along with my mum

  235. Comment by adamh posted on

    Denise - the registered title deals with the legal ownership. The issues you are facing appear to be over the beneficial ownership and that is where you need advice. If your brother challenges your right to inherit her beneficial share that may have an impact on the legal ownership. Fingers crossed is an understandable response but if your brother is challenging the position then it's wider legal advice you need here

    Reply
  236. Comment by adamh posted on

    Spencer - have a read of this blog as well first. https://hmlandregistry.blog.gov.uk/boundary-questions-answered/#comment-3449474100
    Identifying and agreeing where the boundary lies is invariably something only the neighbouring owners can agree upon. Plans will very rarely give you the exact position if the legal boundary for example. https://www.gov.uk/government/publications/land-registry-plans-boundaries

    Reply
    • Replies to adamh>

      Comment by nathan5346 posted on

      Food for thought ty, our house is not attached to next door, both properties are semidetached but not to each other, we do however both have a outhouse that join and the wall that joins both outhouses is a double brick wall, the middle of this wall in fact the boundary/border for both properties, looking at the land registry papers all properties on both sides of the road are shown square and parallel with each other so I'm presuming a straight line drawn through the shared outhouse wall from the front to the rear of the properties is the boundary/border

      Reply
  237. Comment by Lee Holmes posted on

    How long does it take LR to reconstruct lost title deeds?

    I am trying to purchase a house which the current executor have lost the title deeds too

    Reply
    • Replies to Lee Holmes>

      Comment by adamh posted on

      Lee - it will vary depending on the specific circumstances but a first registration takes on average 67 working days to process currently. Those 67 working days are waiting time for it to be looked at.
      If there is an onward sale then the solicitor for the seller should contact us with those details and a request to expedite their application - if they do and we can expedite it then it can reduce the wait time to a few weeks. Everything then depends on it being in order of course.

      Reply
  238. Comment by adamh posted on

    Kimh- that's a matter between you and them and may depend on what contract/agreement you had in place to resolve such issues after completing on the sale/purchase. You are likely to be the only one who has such evidence or can obtain it so seems to be a reasonable request

    Reply
    • Replies to adamh>

      Comment by Kimh posted on

      I have sent copies but would like the return of originals for our family archive. Is this possible? We have already paid for indemnity insurance. I thought the matter resolved on completion and have no knowledge of any contract or agreement. I had assumed all was well

      Reply
      • Replies to Kimh>

        Comment by adamh posted on

        Kimh - again very much something for you to resolve with them as they may not have to send us the original for example so a certified copy may suffice.

        Reply
  239. Comment by lesley posted on

    my mother has died and left her house to her 4 children of which I am the eldest and the executor , we are not selling it as my brother still lives there, I have the original deeds but do I need to change them.

    Reply
    • Replies to lesley>

      Comment by adamh posted on

      Lesley if the legal ownership is changing then yes. So if you are transferring the property to all 4 or just your brother then that needs to be registered

      Reply
    • Replies to lesley>

      Comment by adamh posted on

      Lesley if the legal ownership is changing then yes. So if you are transferring the property to all 4 or just your brother then that needs to be registered

      Reply
  240. Comment by lesley posted on

    thankyou, is it easy to do, if so how do I go about that please,

    Reply
  241. Comment by Yasmin Muhammad posted on

    There was a mortgage on my mother's property. This has been cleared, but nobody has the title deeds - solicitor, mortgage company or land registry. I have been told by the original solicitor that the land registry were holding the deeds, but that they were destroyed in line with the Land Registry having too many papers. I have since read on the Land Registry site that it is possibly to get a copy of the complete title deeds if a paymen is madeMy question is how were they allowed to destroy papers that belonged to my mother and not them. They are of historical value and give boundaries of land sales. My mother was not informed that her legal property was going to be destroyed. What can be done about this?

    Reply
    • Replies to Yasmin Muhammad>

      Comment by adamh posted on

      Yasmin - we don't hold the original deeds/documents so cannot destroy them. Have a read of the blog article which explains how they are returned to the applicant following first registration. If the property was registered when your Mother bought it then the seller may not have handed them on as there is no obligation to do so. If your Mother was the first registered owner then they woukd have gone back to the solicitor who acted for her and may then have gone to the mortgage lender for example.

      Reply
  242. Comment by adamh posted on

    Yasmin - the confusion, I suspect, arises from the term 'title deeds' which can mean different things to different people. When a property is unregistered the 'title deeds' are the old deeds/documents which show how the property has changed hands over the years. They effectively prove the owner's 'title'.
    Those deeds/documents are then submitted to us when the proeprty is first registered and we create a title register and title plan. They then become the 'title deeds' and the old deeds/docs are returned to the applicant (the solicitor normally) and historically at least held by the lender (if any). Pre-2000 we would also issue a Land/Charge Certificate which was a copy of the register/title plan mentioned. Many would also refer to that as the 'title deed'. They are no longer produced as the register/title plan are held by us electronically.

    Lenders/solicitors may now often give a standard response re such matters as for the past 16 or so years the electronic register/title plan is all that is relied upon to prove ownership. If you are trying to trace the old deeds/documents then you need to establish who acted for your Mother at the time of her purchase and wor forward from there with regards any record of who had them.
    We would only have had the old deeds'documents when the title was first registered. We would not have retained them and we would not have destroyed them.

    Reply
    • Replies to adamh>

      Comment by Yasmin Muhammad posted on

      Thank you Adam. I have contacted the relevant solicitor who told me that the Deeds were returned to the mortgage company by registered mail. She contacted the mortgage company who were not at all helpful. I have found some photocopied boundary maps in my mother's papers when various sales were made in 1919, 1945, 1947 and 1980. Would these be acceptable for use in a boundary dispute? I have looked at the online Ordinance Survey map of the area - it is incorrect.
      Yasmn

      Reply
      • Replies to Yasmin Muhammad>

        Comment by adamh posted on

        Yasmin - any information can be useful in a boundary dispute but the over riding factor tends to be the approach/attitude of the neighbouring land/property owners to that informaiton and the dispute.
        For example old deeds/documents can help to understand the history of the land/property, the OS details can help re where the physical features were surveyed as being at a point in time, whilst the registered etails can add additional details re the registered general boundaries.
        All of that can go into the mix along with each owner's understanding of that information and what for example the previous owner told them when they bought.
        So I would count everything in, share it all and try and resolve the dispute and formalise the outcome https://hmlandregistry.blog.gov.uk/boundary-questions-answered/

        Reply
        • Replies to adamh>

          Comment by Yasmin Muhammad posted on

          Adam
          Thanks for your help and advice.
          Yasmin

          Reply
  243. Comment by adamh posted on

    Kief - start with the owner, their solicitor or any lender with a mortgage on the property.

    Reply
  244. Comment by Steveb posted on

    Ive just paid my mortgage off. I NOW need the Deeds to my property. How do I apply for them and what is the cost. Thanks

    Reply
  245. Comment by Steveb posted on

  246. Comment by Michelle Evans posted on

    I have inherited a house ,however the titke deeds are missing,I dont think the house is registered but has been in the family at least 90 years how do i prove this is my house and the will isnt enigh???

    Reply
  247. Comment by linda whittle posted on

    When i paid off my mortgage after my husband died my house deeds were sent to me. I still have them but are they the originals.

    Reply
    • Replies to linda whittle>

      Comment by adamh posted on

      Linda - I suspect so but it's important to check and confirm if the property is also registered. If it is then the old deeds are not needed to prove ownership as explained in the blog article.
      If you bought the property after 1990 then it should be registered but if you are unsure than you can check online for a small fee
      https://www.gov.uk/search-property-information-land-registry

      Reply
  248. Comment by adamh posted on

    Kelly - you are most likely to need some legal advice to understand what rights you now have both re the land as well as rectification/indemnity over the matter. https://www.gov.uk/government/publications/rectification-and-indemnity

    The key may be in demonstrating to the disputed owner that you have title to the land and it is fir them to prove otherwise. That may place much of the onus on them to pursue it but very much something to get legal advice on as they are claiming to own land which is not registered to them

    Reply
  249. Comment by John Hatton posted on

    I have just paid off my mortgage and would like the original deeds. I saw them in 1986 when we bought the house but we changed mortgage provider a couple of times. The solicitor was paid for by the mortgage provider and I didn't speak with them. Which solicitor would have the deeds and how can I contact them? When would the deeds been sent to the land registry - 1995 or 2005?

    Reply
    • Replies to John Hatton>

      Comment by Ian posted on

      John - you could contact the solicitor actiing for your last mortgage provider in the first instance or contact that mortgage provider direct - a mortgage account number should be sufficient for the provider to identify the matter. The lender should be able to explain their policy on deeds retention/storage and check whether they held yours.

      Reply
  250. Comment by Ian Diane Allen posted on

    I moved in to a new build house on 11 August 2017 and would like the deeds to my home. How do I go about getting them?
    Ian Allen

    Reply
    • Replies to Ian Diane Allen>

      Comment by adamh posted on

      Ian - is it registered yet? If it was a new build I suspect not but have you checked with your solicitor as to whether it has been submitted/registered? If it has what is the title number and I can try and give you an idea of posisbel timescales for it being registered?

      Reply
  251. Comment by adamh posted on

    Ian - no. If your solicitor has submitted the application then they will have been allocated a title number

    Reply

Leave a comment

We only ask for your email address so we know you're a real person