Meet the Editors. By having a deed recorded, you show the world that the house is truly yours -- what could go wrong? If Your Deed Is Not Recorded, the Property Could Be Sold Out From Under You and Other Scary Scenarios In practical terms, failure to have your deed recorded would mean that, if you ever wanted to sell your property, refinance your mortgage, or execute a home equity line of credit, you could not do so.
Finding Out Whether Your Deed Was Actually Recorded Few people are aware that there could be a problem with their deed until they attempt to sell their property or refinance a mortgage. What to Do If Your Deed Was Not Recorded If the deed to your property has not been recorded, inform your attorney or title insurance company immediately.
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Zenario CMS. Call: Open search. What happens to my Title Deeds on Completion? Back to news. How does a Gifted Deposit Affect a Mortgage? The nice to have comment indicates that they can be of interest, helpful even at times but their importance dimmed considerably once the title was registered. Comment by JohnnyW posted on on 20 November Comment by Catsmother posted on on 22 November Comment by Ron Eccles posted on on 06 December I have a brief copy that states my wife and I own our property It gives the Title number.
I am told by neighbours that a caravan or motorhome cannot be parked on the property. So what kind of paperwork will give these details and clauses, 'Full', 'Official', 'Copy'? It is all very complicated for the layman, to find out what we can do on our property. Comment by AdamH posted on on 06 December From the comment I suspect you have a copy of the register.
Such covenants, if they exist, are usually referred to in the C Charges Register. Hi Adam. Thanks for your reply. The link takes me to a section where I can order a copy of the Title Deeds. I have this already and this is where it states there are 'filed Restrictive Covenants', so it won't help getting another copy. The Title number is NYK, mif that is any help to you.
Comment by Lydia posted on on 08 January Hello I wonder if you can advise me, I recently 5weeks ago purchased a freehold property that has a rentcharge and restrictive covenants in place. Also once we have redeemed the rentcharge and had the covenants released will the deeds need to be updated with the land registry? Comment by AdamH posted on on 08 January If the rentcharge is t9 be redeemed then it would be normal to apply to update the register to remove it.
Comment by akawa posted on on 16 February My neighboro has had his house sale stopped because he cannot prove he has access to the property his drive crosses mine now his solicitor is demanding my deeds do I have any legal right to. Comment by AdamH posted on on 16 February Comment by Anthony Howarth posted on on 20 February Thank you for this helpful blog, Frank. In the above circumstances, whilst the Registry is happy to indemnify the registered proprietor , the production of the original deed or a certified copy by a disponor or other party is vastly preferable.
Hello Anthony. I agree with you that original deeds or certified copies are preferable in this circumstance. I would add that if anyone believes that our records are incomplete, they should get in touch and submit their original deeds so that we can make updates or corrections.
It's in all of our interests for the Land Register to be as accurate and rich in detail as possible. Comment by Diana C posted on on 15 August Hello, CYM is a barn converted into several properties.
The notes for these rights are flagged as missing on the system. However from purchasing the Title Register for the original farm house CYM and one of the other buildings CYM I can see the same rights reserved and granted on both these titles which it says are filed under CYM A search for this title states it is not recognised. Is it possible that Land Registry can access the notes detailing what the rights granted and reserved are, from these other properties to provide the missing notes on CYM?
Comment by AdamH posted on on 16 August Comment by Diana C posted on on 16 August Hi Adam thanks for your quick response, I have been sent the title register and accompanying notes from the vendors solicitor as I am purchasing the property. However there is an official missing document notice from Land registry for the notes relating to the second easements listed on the title.
As they are also referred to on ever registered title on all the other 5 properties in the complex could land registry not copy the missing notes from one of these properties to complete the title on the one where they are missing. It's going to mean an indemnity policy each time the property is sold. Which is unnecessary when the missing notes are.
Available on the other properties and would be so easy for land registry to be able to correct. Could this please be actioned. Diana C - I suggest you use our Contact form to submit your enquiry and issue. Comment by Laura McConnell posted on on 21 March Totally agree!
Comment by AdamH posted on on 21 March Laura - a register may refer to them as 'copy filed' but once the file is retrieved they may be 'missing'. Unfortunately it can happen but it is very rare. Apologies if that is the case here. Comment by Tim Higham posted on on 21 February Deeds have taken on a far greater definition as any buyers lawyer will know, they end up with a bundle at the end of a purchase and almost certainly send them to their client for storage reasons and they will be: 1.
Council consents 2. Guarantees 3. Searches 6. The original lease 7. Management information 8. Share certificates 9. New built warranties. Comment by Julie Billington posted on on 21 August The upshot is no matter how much I plead, because they were registered the deeds were dematerialised, which I was aghast about as I thought this country was all about history! Any advise would be helpful. Comment by AdamH posted on on 22 August Julie - there is no deeds repository for historical records such as these.
Do you know your title number? Comment by James Anthony posted on on 03 December Hello Julie, Lately I too have been looking into where my original title deeds are. I thought my solicitor held them, so I asked them to hand them over. Seeing they were just copies I then thought the Land Registry held them. Now I have learn't by this website today that the Land Registry destroy them.
Now our property is Corporate owned. Just like when we buy a vehicle, we own it until we register it with the government corporation in Swansea.
The government now have full legal control of their slave aboard their Corporate Ship being lost at sea, giving them liberty but not freedom to walk the land. James - we do not destroy the original title deeds. Please note that all comments made to the blog are subject to moderation. As such they may not be published immediately. We have not published your further comment as that related to the non-publication of this comment.
Comment by David Dreebin posted on on 23 June I no longer have a mortgage so am unable to ask the previous mortgage provider. Now, I have read this blog and comments saying that Land Registry no longer hold paper copies.
Obviously I did have them originally but have lost or mislaid them, an action which is, of course, not recommended but sadly something that does happen. The reason I'd like a copy urgently is that I wish to extend my lease which is now under 70 years, and my lease extension surveyor has said that he needs a copy of the lease.
Was hoping you would hold a copy at least digitally. Would you be able to help? Comment by AdamH posted on on 23 June David - the register and title plan can be downloaded online. Comment by Sandra N. Rees posted on on 21 February As my husband and I had paid off our mortgage aprox 6 months ago I enquired about having the original deeds returned.
I was horrified to be told by a flippant member of staff that Land Registry did not have them. They are a historical document and wanted them returned. Enquired with HSBC lender and solicitor but could not advise me at all. I contacted the Western Mail who noted the story. I think it is disgusting that we were not advised by either department what was the procedure and I still want our deeds returned!!!!! Comment by AdamH posted on on 22 February Sandra - I'm sorry if we were flippant in our handling of your call.
I can see we have a record of a contact by phone from you in April and the record includes an email reply also. I'll pick that up and email you again with a bit more specific insight into what, in my experience, may have happened re. Comment by Anthony Rose posted on on 02 May How do I trace this paperwork? Anthony - you will probably find that their reply is a standard one re their not holding any 'deeds' and that the register is held electronically by us.
Lender's don't send us the original deeds when the mortgage is paid off. If the mortgage was taken out pre then the lender might have had a copy of the registered title in the form of a charge certificate - sometimes when they say they sent the deeds to us they mean that document.
Comment by Martin posted on on 15 May I have also just paid off a mortgage, and am trying to locate my deeds. I am disgusted that nobody seems to know where they are!
I am also annoyed that I am expected to pay for a copy of something that essentially now belongs to me and should have been automatically sent to me as soon as I paid off the mortgage. Comment by AdamH posted on on 15 May Comment by June posted on on 04 July Comment by ianflowers posted on on 05 July June - I am sorry to hear you've had difficultly contacting us.
If you still haven't been able to get in contact and if you're happy to give the title number, we'll check the position. Comment by ianflowers posted on on 06 July It's also a matter between the lender and borrower as to whether a copy of the title documents are provided when the mortgage is paid off. Comment by diane posted on on 07 September I am sorry but I suspect your deeds have been destroyed by your mortgage lender. Our mortgage lender finally admitted that they destroyed the deeds to our property.
They were informed by the land registry that the paper deeds were no longer needed and that they could do with them what they wanted, so they destroyed them. No body likes to admit to you that this has happened because they know that they were wrong about what they have done.
I don't know how they can get away with it. I was told it was a business decision, people making these sort of decisions looking after our money - nice. Comment by June posted on on 05 November I too have been trying to trace my deeds.
Santander have been very unhelpful and said they never had them. Mortgage now paid off and over a month down the line still waiting for confirmation letter that the mortgage is paid off. I have been told that before they were destroyed by whoever they should have been offered back to us. They were not.
I also don't see why I should have to pay to get a copy of any documents. Mortgage lenders should send a copy automatically. I have to accept that I may never get the deeds back and I really wanted them for historical purposes. Comment by AdamH posted on on 06 November June - are you willing to share the title number involved? I may be able to shed some light on what may have happened to the 'deeds'?
Comment by June posted on on 06 November June - many thanks. They would have include a copy of the registered information as well in the form of a Land unmortgaged or Charge mortgaged certificate. There was and is no requirement to do so.
They would have handed over the Land or Charge certificate though and a new one issued to the new owner. Of course if you recall seeing them then I can appreciate the frustration now felt. I note that the original mortgage was also not with Santander Abbey National as they once were but that it was transferred to them in On a more positive note I can confirm that the mortgage details were removed from the title on the 22nd October.
Comment by Jim Kendall posted on on 22 February I have become very aware of how efficient the Land Registry is or was. Now I have found that this extra land has been placed on-top of my house and my next door neighbour still owns all the land up to my front windows.
Surely someone at the L. Comment by AdamH posted on on 23 February Comment by Mike posted on on 23 February A really insightful overview of some of Land Registry's purpose and practices there, dispelling some previously held perceptions too. Trying to hunt down title deeds and being unsure of who may have them in the past is exactly why it is so vital to have, and maintain, the register. Comment by Janice posted on on 23 February I have just bought a house only to be told by solicitor that nobody knows where the original deeds for the property are located, as the property was built in I am sure that the original deeds would hold a lot of information regarding my property some of which I might need to know but will now never find out.
Comment by Tina posted on on 04 November When you go to Solictor and both you and your partner sign them do you receive a copy? As on original deed only my husband name on it. Comment by John posted on on 25 February I purchased a house 5 years ago without title deeds, but was offered an indemnity policy to set up the means for compensation should someone with a superior title ever show up, which I was told was virtually a Zero chance scenario. The property is registered with the Land registry in my name, so theoretically the missing deeds should not be an issue.
However, when speaking to a potential mortgage provider today over a new deal, I was told "we steer clear of any property where there may be any chance at all of a risk to our security". My question is, am i left with a house that I cant sell in the future, if mortgage providers are this concerned?
Comment by AdamH posted on on 26 February Comment by John posted on on 26 February Thanks Adam. Its obviously a concern for me as it changes the playing field a bit when we come to moving on. I went into the purchase with sound legal advice, but I think its time to revisit the situation.
Much appreciated. John - understood and very much the right thing to do. All I can usefully add is that a 'possessory title is not unusual and very commonplace. Comment by Gillian posted on on 27 February Hi hoping you can help with my inquiry. I paid off my mortgage on February 10th and was told I would receive paper work in 10 - 14 days, after many phone calls 17 days later and still no paper work I am now told the mortgage was discharged on the 26th and the Land Registry have been informed.
My question is will I actually get any paper work from the Land Registry to make it official? If so how long should it take? I do have a bundle of old documents which I believe includes the original deeds. Thank you Gillian. Comment by AdamH posted on on 28 February Gillian - most lenders remove their mortgage electronically and they receive a confirmaiton from us what that has happened.
Comment by Bill posted on on 01 March Hi For some one to make a claim on a property that has been devided in percentage, are they required to produce the original? As they only have a photocopy of the document.
Comment by AdamH posted on on 02 March Such a claim would in my experience be a matter of law and not a registration issue. Comment by Neil Hartley posted on on 05 March Hi, We're in the process of buying a house and our solicitor has said that "when the property was first registered at the Land Registry details of easements and restrictions were not provided to the Land Registry and the seller has no information at all about this or the previous deeds other than a photocopy of a deed when the land was first conveyed".
An indemnification policy was suggested to protect us but my concern is that we will have an issue selling the property later possibly to someone needing a mortgage per the comment from John above. Our solicitor initially suggested the policy would be a good solution but then suggested we may be creating a problem for the future.
Do you have any advice for us? Comment by AdamH posted on on 06 March Neil - I'm afraid we can't really offer any additional guidance here and you should rely on your solicitor. After all the entry and any perceived risk will still be there, indemnity policy or not. Comment by Neil Hartley posted on on 06 March Comment by John posted on on 13 March Just to add a bit more of my own story for you, I have since provided all my documents to the new mortgage provider we are moving from one bank to another and they were satisfied that the Title absolute in my name and the indemnity policy was satisfactory to approve the mortgage.
I have also checked with a property solicitor who commented that the paper deeds are largely only to confirm restrictive covenants or access. He also said, "once you have Title Absolute, stop worrying.
Comment by elizabeth doyle posted on on 26 May I am sick and tired of waiting for my title deeds, I waited four weeks for my bank on their title deeds.
Two weeks later they have not even bothered to write me a letter to say they can't find them. This country has a pay up and shut up service. I paid a lot of money for my flat and yet no one wants to help me. These properties are not cheap we pay a lot of money for it , how about you show some customer care and show me what form I need for my title deeds, there are enough to choose from. I am still waiting to sort my title deeds six weeks later.
Comment by AdamH posted on on 28 May Elizabeth - I'm sorry to read that you have had such an awful experience. I see you have also emailed us so I'll pick that up and respond in more detail. We do not hold original deeds and documents and in the case of your flat we would have the register, title plan and copy lease and together they are the 'deeds'.
Comment by liz posted on on 28 May It is nice to see a positive reply, I am sorry if it was a negative blog, but the banks are expecting customers to know in a field they are not familiar with.
The bank's letter did not even tell me what forms , internet web pages to go to. Comment by Jason posted on on 06 March Hi, My mother is selling her house but has lost the deeds. I have downloaded a document via the land registry site that gives a title number and names my mother as the registered owner I'm confused Comment by AdamH posted on on 07 March Jason - as the article explains if the property is registered then the deeds are not needed to prove her ownership.
I'd check back with the solicitor for clarification as to why a delay. Comment by Alison posted on on 18 May Comment by AdamH posted on on 21 May Alison - I'm not sure there is anything I can usefully add here other than confirm that it's legal advice you need to unravel what has happened re the legal and beneficial ownerships. Comment by Duncan Green posted on on 08 June They had a mortgage which they paid off in The mortgage provided a letter saying that the loan had been paid back but the mortgagee could not register a D Notice I think with the land registry as the property was not registered so there still appears to be a loan against the property.
We have now registered the property but because there is a loan against it according to the Land Registry my mother would find it impossible to sell. I know you are not meant to get advice in this blog Comment by AdamH posted on on 08 June I suggest you use our contact form to submit the specific details. Our support team can check the register and advise on next steps as appropriate. Comment by Troy posted on on 09 March I am pretty disgusted at what I am reading here and am no clearer on the position than before I started reading.
In we paid off our mortgage in full; such a relief. Cheltenham and Gloucester plc were asked to provide the title deeds to me and a delayed standard letter in the form of a flippant dismissal referred me to Land Registry. I paid the appropriate fees for "electronic copies of ownership, map" etc Somewhere in England the title deeds, rightfully belonging to me and my wife, are in a bundle gathering dust.
I want the original documents and no one seems to want to help. Thinking of taking this to my MP and the press. Comment by ianflowers posted on on 09 March Troy - I am sorry for the difficulties you have experienced and that you feel we were unhelpful.
As mentioned in the blog, it is the case that we return the original documents to the person who lodged them when a property is registered for the first time - usually to the solicitor acting. We should be able to confirm this and provide any other information that may be relevant from our files. The usual practice where a property was subject to a mortgage was for the solicitors to pass the deeds onto the lender, but we have no control or involvement in this and therefore we cannot confirm whether this happened in a particular case.
Many lenders converted their records to electronic format in recent times and their approach in dealing with original paper title deeds varied. Again, this is something that we are not involved with and you would need to continue to take this up with the lender involved and follow their complaints process if you remain unhappy. After kicking up a stink and writing an email complaining to Lloyds I finally got a phone call from Lloyds and they admitted that our deeds had in fact been destroyed.
They Land Registry advised them that the deeds were no longer needed after being electronically stored so Lloyds Bank in their infinite wisdom destroyed them. I am angry that we were treated this way, that we were not informed. I am more angry and disgusted that they are not admitting to other people what they have done.
I don't understand why they thought it was acceptable to do this and to basically cover it up like they are doing is just wrong. Comment by AdamH posted on on 10 September Diane - I don;t recall that we advised lenders that 'the deeds were no longer needed'. The term 'deeds' can be used in a variety of contexts but often lenders would hold older deeds as well but not always depending on what the borrower had at the time Note - when you add a comment to a blog there is an approval process before it is made public.
I have approved two of your comments but not the third which was largely a duplicate of this one. Comment by Rachael posted on on 11 March Comment by AdamH posted on on 12 March Rachael - I would suggest writing to the 'Owner' at the address to see if they would like them for example.
Comment by Rachael posted on on 12 March Comment by S Scott posted on on 11 March Can you please tell me which document I need to purchase from the Land Registry that would give me the details of any covenants relating to a freehold property.
S Scott- you should search and check the register first. Comment by Augur Pearce posted on on 15 March A conveyance can easily impose a trust, and since the Register will never give details of that trust there are times when it is not simply 'a good idea' but essential to retain the deeds.
Example: A gives Whiteacre to T a trust corporation for certain charitable purposes. Later T sells Whiteacre to B using the proceeds to buy Blueacre. If T now only holds register entries for Blueacre these may contain a charity restriction but won't indicate the purposes for which it is held. To ascertain those, one will need to refer to the Whiteacre conveyance.
Comment by Deborah Pottage posted on on 15 March Don't no if I'm on right post I need a copy of the deeds of a property I no longer own but for when I did own it how do I get this. Comment by AdamH posted on on 15 March Comment by meg posted on on 15 March Just paid our mortgage a week ago, and lender told us to order a copy of the tittle deeds from land registry.
Can you please direct me on what to do or what application form do i need to fill up and payment if possible. Thank you. Comment by ianflowers posted on on 16 March Comment by Michele Trewhella posted on on 16 February Please can I jump on this thread. Which form is it to apply for a copy of the deeds. I want to know who own the fence on my right hand side to clarify who is responsible for repairs after the storms.
Comment by AdamH posted on on 17 February If the register refers to any deeds as being 'filed' then you can use form OC2 to apply for copies The registered information may not specifically refer to the boundaries and even if it does it may not be the definitive detail.
Comment by Michele posted on on 17 February Thanks I already searched. And paid. I got a better plan myself just by googling no cost. Michele - I'm sorry you think that the information is a 'joke'.
The online service does provide an example of the title plan for example so you can see what information you are buying. And the title plan is intended to show the registered general boundaries and rarely anything else.
And as you are now aware from the blog article on boundaries the registered details will rarely categorically answer any questions around who owns or is responsible for a boundary.
The registered details can still help but often only in conjunction with other information as well as shared understanding of how you and your neighbour s view the boundaries. Thanks for all your help and info but seriously the plan I found was far more comprehensive. And free. The title dees were worth purchasing but not the plan. I have never found such an antiquated web site so difficult to navigate around got what I needed in the end. Your blog was the far mor helpful.
Sorry I didn't mean it was a google plan. I meant I found a better comprehensive detailed plan through a google search.
Comment by lorraine robinson posted on on 25 April Hi Adam, I hope you don't mind me jumping in. I contacted my conveyancer who said "the land registry have raised a requisition on the application" what does this mean and how long does it take to rectify this issue.
Comment by AdamH posted on on 26 April Hopefully it will be completed soon. Comment by Clare posted on on 19 March We have a certificate of lawfulness - how do we go about our next steps to gain deeds to the property or to get a loan against the property or anything similar for the future please? Comment by AdamH posted on on 20 March Clare - the term 'certificate of lawfulness; is not one that I have come across before. Comment by James F posted on on 05 May Comment by AH posted on on 19 March Are there any way that I can find out where in the prosess of registration we are?
Property new build was purchased and completed mid November AH - I believe that one is Plot 24 on the development and the application was submitted on 23 January. The current average timescale for this type of application is around 66 working days so we still have a few weeks to go before I suspect it will be considered. If ther eis an urgency involved then I would recommend speaking to your solicitor and ask them to get in touch - they will know the process for doing so and the circumstances where we might be able to expedite the process.
Comment by LeslieM posted on on 20 March My elderly mother lives in a leasehold flat in Bushey, Herts. In order to query some actions of the managing agents, I am trying to obtain a copy of her lease, as she does not appear to have one in her files and the solicitors who acted for my parents' purchase in say that they do not keep copies of documents that long. Will the Land Registry have a copy of the lease and if so how do I go about requesting one?
I have the property's title number. LeslieM - we may have a copy and I'd suggest checking the register first for the details. Comment by LeslieM posted on on 24 March Adam thanks for your reply. There's no specific mention of a lease in the deeds. Can I use form OC2 to ask for "the lease" or do I need to provide additional information? Comment by AdamH posted on on 26 March LeslieM - form OC2 is used to apply for a copy of the lease and you will need to confirm that it is a lease and it's date and title number as part of the form in panel 7.
I think only once have original documents been returned!! Comment by AdamH posted on on 22 March Laura - I am sorry if you have had a different experience re lodgement of your first registration application s.
Any original statutory declarations, statements of truth, subsisting leases, subsisting charges, certificates relating to Stamp Duty Land Tax or Land Transaction Tax and the latest document of title such as the transfer to the applicant will be retained, scanned and then destroyed. Apart from this, we will return the pre-registration deeds after registration.
Comment by Helen Aitken posted on on 30 March I purchased a property in oct , on checking the shaded ares on my deeds it looks like I have an a joining field, but neighbour said last owners gave it to her?
Comment by ianflowers posted on on 03 April The title plan for your property will show the general extent of the land edged in red.
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