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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I wish to purchase a property which is already registered with

Customer Question

I wish to purchase a property which is already registered with the land registry and I understand that the transfer of deeds/title must be done electronically?. I would like to have the transfer notarised retaining the paper deeds, should this be a problem?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
Do you understand that there are no longer paper deeds which prove Title in any way?
Why do you wish to have it notarised?
Claire
Customer: replied 3 years ago.


Hi

Yes I understand all is electronically registered, but is that not a true reflection of the transfer information, I am told that the reason for the electronic system is for the LR to be able to idientify the owner of land etc, dont have a problem but I also wish to maintain paper deeds

 

I feel its prudent to maintain the paper deeds, I don't have total confidence in any system which relies only on electronic means. As the LR system should only reflect the tangible deeds, surely I have the right to have the paper deeds signed and sealed as a backup to the LR details?

 

Expert:  Clare replied 3 years ago.
Hi
The actual Transfer of the property will be a document which is signed by all parties in the presence of Witnesses.
There is no reason why you could not keep a copy of this (indeed most solicitors do) but it will never serve as poof of your ownership.
That is proved by the Official Copy of the Register (a most unimpressive document these days) but again there is no reason why you should not keep a copy of this as well
Claire
Customer: replied 3 years ago.


Hi Claire


Sorry to be pain, my reason for enquiring is because when I recently settled my mortgage I was shocked to receive only a photocopy of the orginal signed deeds, when I made further inquiries I was told by a solicitor that the LR/town hall had probably destroyed them and I did not consent to this. I feel that the LR is surpassing there need to maintain records by retaining original/wet signature papers, why does the LR want the orginal papers should they not be content with copies and the owners should retain the orginal signed papers. And in legal terms what does Mandatory mean? and what does Register mean? I know that when one registers a car they then become the registered keeper. My main issue is that to rely totally on Electronic means is far from prudent.


Thanks

Expert:  Clare replied 3 years ago.
Hi
Whilst I may personally agree with you this was a battle lost by default some years ago.
When I first trained many many years ago I worked in an area where land was not Registered so I has the incredible pleasure of handling documents that evoked the past - however when a property is first Registered the Paper Title become Redundant and is no longer part of what has to be passed from owner to owner
Mandatory - which in this case means Compulsory - Registration has been rolling out now since 1925 and there are few titles left where the history of the property is tangible to touch
At first there was of course no Electronic involvement - it was a case of Land Registry Certificates being produced (and I assume index cards at the Land Registry)
If you are the owner at the time of first Registration then you can ask for the paper documents to be returned to you. If they are not then if they are old they are passed to the Local Archives
The Register is just that - the record of who owns a particulate property and what restrictions there are upon it.
The Original signed papers are NOT proof of current ownership - when they were it was too easy to loose them - or for the possession of the deeds to be abused
Claire

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