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Locating house deeds

20 replies

Borntobeamum · 13/02/2023 09:10

DF died in September and DM 2 weeks ago.
We’ve instructed an estate agent to market the house but can anyone suggest where we’d find the deeds?
Are they likely to be with a solicitor or in the mountain of paperwork at the house?

Many thanks x

OP posts:
Fizzadora · 13/02/2023 09:13

If it's registered land you don't need any title deeds. If you want a copy of the Land Registry document you can apply for it. Costs about £3.
If it's not registered deeds are likely to be held by solicitors or bank.

KangarooKenny · 13/02/2023 09:15

We have our deeds in with our other important paperwork.

Borntobeamum · 13/02/2023 14:36

If only everyone was as organised as you KangarooKenny

OP posts:
FlorrieFosdyke · 13/02/2023 14:39

Likely places are solicitor or the bank at which the mortgage was held with (if paid off, I think they usually return them but they may not).

Might be worth checking both of these in case you get a quick positive response.

gazpachosoupday · 13/02/2023 14:41

Conveyancing firm that did the purchase might have them, bank or at a push insurance company for the house.

They could also be in the mountain of paperwork, but PP are right, go on the LR website and just download a copy, you dont need the giant bits of parchment anymore, its a couple of A4 sheets.

AmandaHoldensLips · 13/02/2023 14:42

Deeds are all now held electronically at HM Land Registry. So lots of historic deeds have been destroyed (or just lost). Our historic deeds were "lost" by Barclays bank who denied ever having them in the first place (which was a lie). Shame because it was a 17th century building with lots of history.

WednesdaysPlaits · 13/02/2023 14:43

AmandaHoldensLips · 13/02/2023 14:42

Deeds are all now held electronically at HM Land Registry. So lots of historic deeds have been destroyed (or just lost). Our historic deeds were "lost" by Barclays bank who denied ever having them in the first place (which was a lie). Shame because it was a 17th century building with lots of history.

Only if the land is registered.

Goingforasong · 13/02/2023 14:51

Registration with the Land Registry became compulsory on 1 December 1990. If your DF acquired the property since then, there is no need for physical deeds. Most solicitors were registering property voluntarily prior to that date so it is worth checking the Land Registry anyway. You can check online.

If it is not registered, the for most mortgaged properties, the deeds were held by the bank. Alternatively, the solicitor who arranged the purchase may still have them.

Borntobeamum · 13/02/2023 15:11

Thank you everyone.
I’ve done a bit of a search and found a couple of items.
One being HM Land registry dated dec 2001 just after they v ought the house.
The second says Land Registry.
official copy of register of title together with Title Number and edition date of 12/01/2022 stating -

12.01.2022 RESTRICTION. No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capitol money arises is to be Registered unless authorised by an order of the court.

I applied for probate last week.
my sibling and I are executors.

Im feeling very out of my depth 😪

OP posts:
EATmum · 13/02/2023 20:25

So sorry for your losses OP. It's so hard, and the mountain of admin that comes along with a bereavement can feel like it's too much. I hope you get good support.

CampervanKween · 14/02/2023 21:21

DM me if you need any help. I'm a conveyancer. But sounds like the house is registered so no problems 😊

CampervanKween · 14/02/2023 21:23

Also sounds like the house is in joint names. In January 2022 a restriction was entered so the property would have been held as joint tenants, sounds like now tenants in common. Who is the other owner?

huji · 15/02/2023 23:51

Gosh, they haven't sold it to one of those companies who buy up a property from elderly people have they? I don't know what that restriction is but it doesn't sound good

Hotpinkangel19 · 15/02/2023 23:55

They didn't do an equity release did they?

Hotpinkangel19 · 15/02/2023 23:56

My parents kept their deeds in a safe in the bank - who also 'lost' them like another poster said. Same bank too!

Hotpinkangel19 · 15/02/2023 23:57

@AmandaHoldensLips

Fizzadora · 16/02/2023 00:16

So sorry about the loss of your parents. It's not easy dealing with the distribution of an estate.
As far as I can see the restriction on title is just that both owners (I am assuming that both your parents were owners and no- one else was involved) have to agree to a sale unless authorised otherwise by a court. Now that both have died the restriction is unnecessary.
Did something happen last January - perhaps Power of Attorney taken out. Did one of your parents (or other family members) suspect the other might try and sell the house without their permission?
Someone has registered that restriction. They don't just appear. You have to send a form in and have a valid reason for doing so.
Even though you and your siblings are executors you can still appoint a solicitor to act for you for some or all aspects of the executorship if you need to, but you will surely be using one anyway to deal with the sale of the property so I would just highlight the restriction to them so they can investigate if any further action required.

Borntobeamum · 16/02/2023 08:43

Fizzadora This is interesting.

In nov 2021, the solicitor came to visit mum and dad to redo their wills and arrange POA for my sibling and I.

We all sat around the dining table and he suggested Tenants in Common to protect the selling of the house if one died and the other needed to go into care.

we just understood it that when dad passed away, everything was transferred to Mum, hence only applying for probate for mum.

Im in my 60’s but don’t feel adult enough to cope with this!

OP posts:
huji · 16/02/2023 15:37

Phew it sounds like that was it then. Solicitor applied for it as part of the POA. I'd hate to think one of those companies part owned your parents house

Frankley · 16/02/2023 15:49

I had a need to phone the Land registry office when a relative died. This was about Tenants in Common. I spoke to a very nice helpful person there, she explained what l needed to know and sent me the appropriate forms to fill in.
I saved myself paying a solicitor.

Perhaps a phone call might help?

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