Missing house deeds

[ForTheLoveOfCakes]

Hi

I'll also post this in property/diy. Really looking for some advise...

If you were buying a house and it was missing the covenants from the deeds, would this stop you purchasing?

What problems is this likely to cause?

I'm guessing the OP's solicitor has advised they are missing hence the question here.

Yep. Exactly that. Not first timers, far from it. But never come across this before

I'd be a little concerned, but perhaps those who benefit from the covenants don't have them either, in which case they're basically irrelevant now anyway ;)

Download your neighbours' deeds from the land registry website, and you may find copies there..

This does happen more than people realise.

Even in registered land you can have missing deeds as there will be a note on the Land Registry title to say that a deed (usually referred to in another as containing covenants) was not produced to the Land Registry when the property was first registered.

I would have a look at the neighbour's deeds first and see if the missing deed is registered at the Land Registry (most houses used to belong to larger areas of land with the same deeds before being sold off). If not, check with the solicitors who dealt with the purchase in case they have them.

If you really can't find a copy then you can take out an indemnity policy to cover a missing deed with covenants (your solicitor can do that for you). Most buyers will accept it as long as you are not aware of anyone trying to enforce a covenant on your property.

You can take out insurance for a relatively small,sum, 70 or 80 quid or thereabouts. It wouldn't put me off.

Be very careful if there are no deeds you could be buying a house that the person selling has no right to sell.

I am not saying its the case in this instance but a couple if years ago there were scams going around with people renting a house then pretending to be the home owner selling the house pocketing the money. Then real owner turns up proves they did not authorise the sell and opps you have lost your money and the house (while still being liable for the mortgage). Much like if you bought a stolen car.

It is not the case of tough luck to actaul owner but buyers beware situation.

I'm a solicitor. Totally agree with what @cornishmaid1 said.

Worridmums concern has lots of legal case law on the topic- You need show you were a buyer in good faith (which I presume you are). Obviously not an ideal situation should it come to that but you are only talking about covenants, not the actual title to the land so something very slightly different.

Personally, if it were me and I'd done my DD on my neighbours deeds from the LR and then got an indemnity, I'm not sure I would lose any sleep over it.

Enjoy the new house when you get there! :-)

To OP

Hope it works out. My parents thought their deeds had been lost when they tried to sell the first house they bought in the 1960's. Lots of anguish and stress. Solicitors eventually found the deeds in another office.