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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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How do I access my/our Deed of Trust registered under a title

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How do I access my/our Deed of Trust registered under a title No. ESX7961 and referring to 28 Greenfield Crescent, Patcham, Brighton, BN1 8HJ. I only have an unsigned and undated photocopy of the original I signed at solicitors Richards Benham and Dawes (the solicitors are retired now I think) with my now ex partner in Nov/Dec 2002. Basically I am trying to establish my legal status and position with regards ***** ***** shared home now we are going our seperate ways. Thanks.
HI I will try and help
The copy you have, what does it have/say on the top right of the document?
Customer: replied 2 years ago.

Hello Matt, it doesn't say anything in particular at the top right, the top line reads;- THIS DEED OF TRUST is made the day of 2002


OK thanks. I was wondering if the Deed was separate document or if it was contained within the TR1, which is the transfer deed you signed when you purchase the property. If it were the latter you would be able to get a copy from the Land registry, but unfortunately it looks to be the former
This is a problem as there is no requirement to register a Deed of trust and so will be unlikely to be at the Land registry. However you can try and so the first stop is to speak to the Land registry
Secondly you need to find out if the firm has closed, so speak to the SRA to establish if they have closed or merged. However even with this they are unlikely to have kept records going back over 13 years
However if you have a copy have you put this to your ex-partner? if so do they agree that this was what was agreed at the outset?
Customer: replied 2 years ago.

Thanks Matt, I can give you much more of the information contained within the document, names etc. if its of any use. Also I am not on the deeds of the property nor on the mortgage, hence the deed of trust.

Customer: replied 2 years ago.

Ok Matt thanks for that I will look into the Land Registry and the SRA. My ex and I have agreed that this document is the basis of our property ownership share but in these circumstances I thought it prudent to seek out the originals. Actually I remember some time ago my sister did a Land Registry search for me and I didn't turn up with regard to our property or anything else. Are not documents such as a deed of trust not something that transcend time and retired solicitors etc. and remain accessible in some repository for legal documents under a registered Title No ESX7961 rather than just disappearing into the ether. Why can't access be made through the registered Title number? Where is it registered to?

HI sorry for the delay, just been away
No, there is no strict repository as the Deed refers only to the "beneficial" or "equitable" title (i.e. the money or value in the property) rather than the "legal" title which is primarily what the land registry is for. I hadn't realised that you were not the legal owned however and this puts you in a precarious position. I would suggest that, if your ex is in agreement you get something more formal in place and get a restriction against the title. That could be by way of "agreed notice", or a restriction that means that you have to be informed when the property is sold. The danger is without this the property could be sold without your knowledge
Customer: replied 2 years ago.

thanks Matt, the restrictions in the documents preclude any sale in whole or part of a share and cannot be undertaken without express written permission by either party and must be offered to the other first However the deed doesn't refer to either party being able to let the property and her letting the property out from under us is what I'm primarily worried about. I don't think she would be able to let the property as she does not have vacant possession as I'm here with the kids as primary carer and also to be able to let without permission would be inconsistent with being unable to sell, based on the same principles?

It is s a bit of a knotty issue this. As a trustee of the property she has a duty maintain the property, and so it for example she did have vacant possession and do pay the mortgage a tenant was required she would arguably have a duty to rent this out. Permission is not usually required of the beneficial owner, if the deed of silent on any matter, as long as the acts are consistent with maintaining the status quo of the Deed (if the value in the property)
However if rented the beneficiaries of a trust are entitled to the income form the rent in any event
Customer: replied 2 years ago.

This situation then would seem to give an excuse to rent out the property without let nor hindrance in order to pay the mortgage (not necessary as the mortgage repayments on interest only are, paltry) and at the same device render me homeless (having no say under the "beneficial/equitable" position) then remove the kids to her new property citing my homelessness as a good reason to deny my parental rights/responsibilities, a very cunning plan indeed and typical of the planner!! Could I be "removed" under these circumstances? Say by a bailiff or some similar?

Under s12 of the Trusts of Land and Appointment of Trustees Act 1996 a beneficiary under as trust is entitled to occupy land of the property trust, so provided you can assert your rights under the Deed you will be Ok and shouldn't have an eviction order made against you. As for the children they are subject the Family Act and cant be made homeless either, and obviously a Court would not allow unnecessary disruption to them (although I would say my area of expertise do not extend that far into divorce/separation matters)
Customer: replied 2 years ago.

This is fantastic stuff Matt thank-you. I have to go now as the family are about to descend from Spain, I hope to finish this off with you from next Tuesday onward, thanks again, regards ***** *****

If you could please leave me positive feedback so I can be paid for my time today. The question wont close and you cans ask follow up questions later down the line if you think of them.
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