Lost the title deeds to an unregistered property? Here’s what you need to do
Around 15% of land in England and Wales remains unregistered because it has been in the same ownership since before compulsory registration was introduced in 1990. When transferring or selling unregistered land, you must provide title deeds as evidence of ownership. If these have been lost, you will need to make an application to HM Land Registry subject to the special requirements they set.
Sachin Brar, a solicitor in our real estate team explains the process of reconstituting your lost title deeds to enable you to proceed with your transaction.
What is the process for reconstituting lost title deeds?
In order to reconstitute lost title deeds, you will need to complete Form FR1 (the first registration application) and Form DL (documents list). You will also need to provide an account of the events that led to the loss or destruction of the original title deeds, usually in the form of a statement of truth (Form ST3).
The application may require significant input from conveyancers or an official of a bank or building society as well as yourself, so it’s recommended that you allow plenty of time to complete the process.
What will HM Land Registry need to consider?
The account will need to establish the following:
- Who had possession of the title deeds
- Where the title deeds were held when they were lost or destroyed
- Why the person in possession had custody of the deeds, e.g. were they held for safekeeping?
- When, where and how the loss or destruction occurred
- What steps have been taken to recover the deeds
- Whether at the time when deeds were lost the owner had created any mortgage, charge or lien on the property
- Whether the deeds were left with any person, firm or body as security for any money
- Whether the applicant is in occupation
- Whether the applicant is in receipt of rent and profits
- That the applicant is entitled to apply for registration as the legal estate is vested in them, or that that they have a right for the legal estate to be transferred to them.
How can we help?
Evidence to support the application can come in a variety of forms and it is worth taking advice on how to prepare an application to reconstruct title effectively.
Our real estate team advises on all aspects of the reconstitution of title. Whether you are applying for first registration or administering an estate in accordance with a will, we are here to discuss your needs.
Contact Sachin Brar on 01274 386 566 or ku.oc.fcl@rarBS.
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