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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good evening, im the administrator for my mums estate and the

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Good evening, im the administrator for my mums estate and the house is up for sale we have recieved an offer, but cannot locate the deeds for the property, i have tried the land registry but my mum didnt register the property, is it possible to get copies of the deeds .
Submitted: 3 years ago.
Category: Property Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Customer: replied 3 years ago.

Good morning,


yes thats ok i look frwd to your answer,


 


thanks gwyn .

Expert:  Nicola-mod replied 3 years ago.
Hello,

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Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

This is from the Land Registry website at:

http://www.landregistry.gov.uk/public/guides/public-guide-13

It is much harder to apply successfully for first registration when some or all of the original deeds or documents of title that should be in your possession are missing or have been destroyed. If this is the case, you will need to supply a statutory declaration or statement of truth describing when, where, and how the deeds were lost or destroyed. It must also confirm that no one else has any interest whatsoever in the property and, in particular, that the missing deeds are not deposited as a security for a loan.

We recommend that you use form ST3 – Statement of truth in support of an application for registration of land based upon lost or destroyed title deeds to accompany forms FR1 and DL. This form sets out the framework for the information and evidence you will need to supply.

Use of form ST3 is not obligatory, nor will using it guarantee that your application is successful, but it will help you to make sure that none of the requirements set out here has been overlooked.

If you prefer to use a statutory declaration, you must swear it before a commissioner for oaths, a justice of the peace (magistrate) or a practising solicitor.

Whether you use form ST3 (or an alternative form of statement of truth) or a statutory declaration, you must support it with the best secondary evidence of the title that is available. For example, if you can obtain a complete draft of a missing deed from the solicitor or licensed conveyancer who acted for a previous owner, you should produce it together with a certified copy for us to file.

In order to guard against fraud, we will need to verify your identity. Information on this can be found in Public Guide 20 – Evidence of identity – non-conveyancers.

Although we will consider applications of this kind sympathetically, you should bear in mind that we might only offer a possessory title. If we are unable to approve your application we will refund the fee that you have paid.

Please also see:

http://www.landregistry.gov.uk/professional/guides/practice-guide-2

Does this help?

Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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