What happens if you have lost your title deeds and want to sell your home?
5th July 2023 by John Munro
If you are thinking of selling your home, you may be concerned if you do not know where your title deeds are. We take a look at the process for dealing with lost title deeds.
When you decide to sell, you can start putting documentation together for your solicitor straight away. This can include filling out the property information and fixtures and fittings forms that your solicitor will let you have and finding copies of guarantees for things like your boiler and windows.
It will also be helpful to know where your title deeds are. As well as the deeds themselves, there may be other useful information held with them, such as copies of planning consents, notices and guarantees. If you have a mortgage, your mortgage lender may have the deeds.
Other places you could check are with the solicitors who dealt with your purchase or with your bank.
Is your property registered?
A large proportion of land in England and Wales has been registered at HM Land Registry. Since 1990, it has been compulsory to register land when it is sold or transferred. This means that around 88% of the land in England and Wales has been registered.
We can search to see whether your home has been registered with the Land Registry. If it has, it is a simple matter to request a copy of the title from them. They will also usually be able to provide copies of any documents referred to in the title, which your buyer’s solicitor will also need to see.
This means that with registered property, losing the physical title deeds is not a major difficulty.
Unregistered property
If your property is not registered, lost title deeds are more of a problem and the situation will take time to deal with. Your solicitor will need to reconstruct the title and ask the Land Registry to register you as the owner of the property.
The Land Registry will want to see as much evidence as possible relating to the title. This will include:
- Your full name
- A declaration signed by you stating that you are the legal owner of the land
- A description of the land
- A plan of the land
- Details of the length of your ownership
- Who had the title deeds last and where they were being kept when they were lost or destroyed
- Why that person was holding the title deeds
- Where, when and how the title deeds were lost
- What steps have been taken to try and locate the title deeds
- Details of any mortgages over the property
- Documentary evidence showing your ownership
- Details of rights over the land
- A list of the documents that will be used to reconstitute the title
- Verification of your identity
Possessory title
There are different classes of title, including absolute title and possessory title. Absolute is the best grade of title, but if deeds have been lost it is likely that the Land Registry will only grant possessory title. An application can be made to upgrade this after 12 years if no-one has challenged your ownership.
If you are selling your home in the meantime, you need to be aware that having possessory title is likely to adversely impact the value. Buyers may be able to find a lender prepared to lend, but the process will be more complicated and their solicitor will need to carry out more due diligence work.
Contact us
To speak to one of our property experts, please contact Kelly Howe on k.howe@laceyssolicitors.co.uk or 01202 377800.
John Munro
Partner — Commercial and Residential Property
Direct dial: 01202 377839
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“John Munro was friendly and very approachable, advising me with a clear depth of knowledge and experience. I have since recommended him and will do so if asked in the future.”
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“Having dealt with Laceys on many a sale and purchase I’ve always found them to be efficient, knowledgeable and attentive. I wouldn’t hesitate in recommending them to family, friends and clients.”
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“We have always been very happy with the service provided by Laceys Solicitors, in both our business legal requirements and domestic property conveyancing.”
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“You are our solicitor Superhero! Very grateful. ”
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“Changing solicitors is not to be undertaken lightly. However really impressed with the way that John Munro and his associates have dealt with us over the last couple of years in a variety of complex property related transactions and on the commercial and personal front as well. We look forward to working with them going forward.”
John joined Laceys in 2001 on a training contract, having completed a Post Graduate Diploma in Law in 2000, and qualified as a solicitor in 2003. He is now the Head of the Commercial and Residential Property Departments.
He is also the firm’s Senior Responsible Officer under the Law Society Conveyancing Quality Scheme (CQS) with overall responsibility for the management of the property team and their delivery of the excellent service that our clients have come to expect.
John acts in his own capacity for a number of commercial property owners, developers and investors, but also allocates time to ensure his team are up to speed with changing law and professional regulations and clients are provided with members of the team who possess the right skills to deal with their individual requirements, delivering projects in the most time and cost-efficient manner.
Outside of work John seems to spend a great deal of time ferrying his children around but occasionally gets to put his feet up and listen to his eclectic collection of vinyl. He is also not averse to a good cheeseboard and a glass of IPA.
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