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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25486
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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for how long must a solicitors hold documents such as house

Resolved Question:

for how long must a solicitors hold documents such as house title deeds?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

We are sure our house title deeds were with the solicitors who got probate for a will in 1992 they now say "they have been disposed of in accordance with statutory guidelines" Can they just disposed of such important documents?

Customer: replied 3 years ago.

a firm solicitors got probate for a will in 1992 and held the title deeds. They now say these have"been disposed of in accordance with the statutory guidelines". Can they do this with such important documents?

Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

May I ask if the property in question is registered please?
Customer: replied 3 years ago.

I think not

Expert:  Joshua replied 3 years ago.
Thanks. It would be worth checking using the following link to be sure. Could you check and revert to me?

http://www.landregistry.gov.uk/public/property-ownership
Customer: replied 3 years ago.

the Land registry says it is not registered

Expert:  Joshua replied 3 years ago.
Thank you. Do you know when they disposed of the title deeds?
From what you say they accept they they held them?
Customer: replied 3 years ago.

I have no idea when they disposed of them. I want to know what the Law Society Guidelines are in respect of disposal of documents which they say they followed.

Expert:  Joshua replied 3 years ago.
Each firm is able to decide on its own policy for document retention - there are guidelilnes but they are nothing more. The Law Society recommends that title deeds should not be destroyed without the clients aproval. However the question I believe that is pertinent is for how long are they potentially liable to you for.

The answer is that you have a period of up to 6 years from the date of destruction in which to make a claim. However where you did not discover the destruction until after the event you have a further 3 years from the date you discovered the destructon to make a claim for negligence subject to an overall time limit of 15 years from the date of destruction.

So if you have only just recently discovered the destruction you will have three years from the date of your discover subject to an overall limit of 15 years

Is there anything above I can clarify for you?
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25486
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other Property Law Specialists are ready to help you

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