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Advice on Lost Deeds,Please

7 replies

Bubbaloo · 25/06/2007 17:31

It's a very long story,but we think we've lost our deeds,the property isn't registered with the Land Registry and we wan't to sell it.
Is it still possible and what should we do next?
Any advice would be great please as the whole thing is driving me mad.

Tia.

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MrRuffalo · 25/06/2007 17:33

you need to go to a solicitor and get a Deed of Covenant drawn up - a few hundred i think but not much hassle

Bubbaloo · 25/06/2007 17:39

Thanks-is it really as easy as that?

I've got the signed legal docs that state dh became the owner of the property in 1990(was left to him by a relative),and I've got lots of covenants and also an abstract of title and the mortgage deed,but to be honest it's all very confusing and I don't understand any of it.

So,it still will be possible to sell it without the deeds then?

It's actually a firm of solicitors who have lost the deeds(I think}and I've given them til tomorrow to find them or I'm contacting the Law Society.They've messed up alot of other stuff too.

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Bubbaloo · 25/06/2007 21:36

Bumping incase anyone else has some handy advice.

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flibbertyjibbet · 30/06/2007 21:28

The solicitor you used will have a complaints procedure set out, use this route before contacting the Law Society, or they will just tell you to go back and complain to the solicitor first anyway.
I did conveyancing and an unregistered property is a nightmare, you have to piece together the deeds from all the docs that make up the history of the house and it was a right pain. But yes it can be done. Our tutor said once that if anyone comes to you wanting to sell an unregistered property, first check your indemnity insurance! Sorry, don't mean to frighten you, hope you get sorted.

bamboo · 01/07/2007 15:03

Shouldn't be a problem, I don't think. I'm surprised your solicitors aren't bending over backwards to sort this out for you though - what a nightmare! The Land Registry often deal with lost deed cases. It should be up to your solicitors to submit what documents you have plus statutory declarations stating how the original deeds came to be lost and assurances that if they come to light they'll lodge them with the Registry etc etc - they should know what to do. If everything is in order the property will then be registered but with qualifying notes regarding the lost deeds and the fact that there may be unknown covenants. This will probably be raised as an issue when you sell but you can purchase indemnity insurances to cover such things.

Personally, I'd get this sorted before you contemplate selling as I'm sure it could cause real delays.

SofiaAmes · 01/07/2007 15:15

If you have a mortgage aren't the deeds with the bank that holds the mortgage?

Bubbaloo · 01/07/2007 15:28

Thanks for all your advice.There is no mortgage on the property as it was left to dh years ago.
I have been in contact with the Land Registry and as Flibberty quite rightly says,it seems we do have everything-it just all needs putting together properly.We've now collected all our docs from the orginal solicitors and they are now with another solicitor who is hopefully sorting it all out for us and firstly registering the bungalow before we put it on the market.The property also has alot of land with it and were told it would make it easier to perhaps sell the land seperate from the property(if need be),if it was registered.
It has been a nightmare trying to sort everything out and I shall still be reporting the original firm to the Law Society over the way they have conducted themselves but at least I now know there shouldn't be a problem(or too much of one!)selling the property.

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