If you are preparing to sell your home but cannot find the original title deeds, you may be concerned that the sale cannot go ahead. In many cases, however, you do not need the original paper deeds to sell a property.
For most registered land and property in England and Wales, ownership is recorded electronically by HM Land Registry. Your solicitor or conveyancer can obtain the official title information needed for the conveyancing process without you having to produce a bundle of historic deeds.
The situation can be more complicated if the property is not registered or important documents relating to the property are missing.
AFG Law’s Residential Property team can establish whether your property is registered, obtain the relevant title documents and advise you if missing deeds need to be dealt with before or during the sale.
What are title deeds?
Title deeds are documents relating to the ownership and history of a property. Depending on the property, they can include old conveyances, transfers, mortgages and leases. Historically, these documents were particularly important because they provided evidence of who owned a property and how ownership had passed from one person to another.
The introduction and expansion of land registration changed this. HM Land Registry now maintains the official register of ownership for registered property in England and Wales. If your property is registered, its title register records important information including the registered owner, certain rights and restrictions and the property’s unique property’s title number.
Do I need the original deeds if my property is registered?
Generally speaking, no you do not. If your property is registered with HM Land Registry, the Land Register is the definitive record of ownership. Your conveyancer can obtain official copies of the title register and title plan as part of selling a property.
HM Land Registry does not normally hold bundles of original deeds. When a property is registered for the first time, relevant documents may be scanned and the originals returned. As a result, HM Land Registry may hold scanned copies of some historic deeds referred to in the register, while other originals may be held by the owner, a previous solicitor or, in some cases, a mortgage lender.
Original documents can still be useful. Older deeds can contain information about boundaries, rights and the history of the property that does not appear in detail on the registered title. You should therefore give any deeds you have to your conveyancer rather than disposing of them.
What if I have lost the deeds to a registered property?
If the property is registered, losing the original deeds will not usually prevent you from selling it. Your conveyancer can check the registered title and establish whether HM Land Registry holds copies of any deeds referred to within it.
There can occasionally be a problem if a particular document contains important information but HM Land Registry does not hold a copy. Your conveyancer can investigate what is missing and whether any further evidence or action is required.
What if my property is not registered?
If a property is unregistered, the original deeds become considerably more important. For unregistered property, ownership has traditionally been established through the documentary title. If the property is not registered, it will normally need to be registered when ownership changes.
Your conveyancer will therefore need to investigate the title and apply for first registration with HM Land Registry. For a first registration, HM Land Registry normally requires the original title documents that are within the applicant’s control. This means discovering that an unregistered property has missing deeds can make the process more complicated, but it does not necessarily mean that the property cannot be sold.
What happens if the deeds have been lost or destroyed?
HM Land Registry has a specific procedure for first registration where deeds have been lost or destroyed. An application will need to explain what happened to the deeds and reconstruct the property’s title using the best evidence available. This could include copies of old documents and evidence from previous solicitors, banks or building societies.
Statements of truth or statutory declarations can also be used to provide evidence about the missing documents, including who previously held them, when they disappeared and what attempts have been made to locate them.
HM Land Registry considers the evidence in each application. Depending on the strength of that evidence, the class of title granted may also need to be considered.
This is one reason to tell your conveyancer about missing deeds as early as possible. Discovering the issue after a buyer has been found could create unnecessary delays.
Where should I look for my original title deeds?
If you want to locate your deeds, start with the documents you received when you bought the property. You could also contact the solicitor or conveyancer who dealt with your purchase to find out whether they retained any documents. If you have or previously had a mortgage, it may also be worth establishing whether your current or former mortgage lender holds anything.
However, the fact that you cannot locate the original documents does not automatically mean there is a problem with your title.
Selling a property without the original deeds
Missing deeds do not necessarily prevent a property sale, but it is worth raising the issue with your conveyancer at an early stage.
If the property is registered, the information held by HM Land Registry will usually provide the evidence of ownership needed for the transaction. If it is unregistered, your conveyancer may need to gather alternative evidence and consider an application for first registration.
AFG Law’s Residential Property team can help resolve issues involving missing deeds, unregistered property and first registration. Contact us as early as possible if you are preparing to sell and are unsure whether you have the documents you need.