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Property/DIY

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Lost deeds - how long to sort?

8 replies

Spindelina · 11/06/2014 13:59

If the deeds to a house which hasn't changed hands in 35 years have been lost, how long might it take to sort it out with the Land Registry?

Anyone got any experience?

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Starlingsintheslipstream · 11/06/2014 14:56

Is it definitely unregistered? Some areas of the country had compulsory registration in the 60s and 70s, most of London was much earlier again.

Spindelina · 11/06/2014 19:29

Hmmm not sure. It's my parents house - their sale has ground to a halt because of it. They're in West Sussex, and a quick google hasn't shed any light on when compulsory registration was introduced there.

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Starlingsintheslipstream · 11/06/2014 20:48

Oh if it's got to that stage, I expect it isn't then.

Has their conveyancer started to apply for registration yet? It is fairly routine as far as the Land Registry goes, though obviously a nightmare for your parents.

More info here in a practice guide aimed at conveyancers.

They'll need statements of truth outlining the situation. Land registry may send a surveyor out which could prolong things. It can be done in a matter of weeks I'd have thought. Make sure your parents conveyancer asks Land Registry to expedite the application if time is of the essence. They will usually speed things along if they can.

Spindelina · 12/06/2014 08:35

Thanks, Starlings. I am not party to the ins and outs of their dealings with their solicitors, but my parents don't seem overly concerned. So I assume the delay isn't causing any great problems in their (short - three party) chain.

The boundaries shouldn't be hard to establish - they are all hedges or fences or walls in a suburban street. It did have a mortgage on it (that's how the deeds got lost!) so there is a third party who believes my parents own it, if that is of interest.

I'm asking partly out of curiosity, but partly because I suspect this is going to be the thing everyone is waiting for. One day everyone will be waiting, and the next day it'll be all systems go to exchange - find rented - pack. Given that I will probably be lending a hand in the madness, it's nice to know what sort of timescale we are looking at!

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PigletJohn · 12/06/2014 10:19

I had to do that when the stupid solicitors had mis-filed the pack of deeds and untruthfully claimed that I had called in and collected them.

My (better) solicitor handled the papers to apply for title, and I had to Swear that the boundaries were correct and had not been changed. It all took several weeks. It was easier because I grew up in the house so knew it well.

The stupid solicitor later found them.

Spindelina · 12/06/2014 11:41

It's the bank's word against my dad's - they say they sent him the deeds years ago. He says he has never asked them to do such a thing. This particular bank is not known for its robust processes. My dad is. I believe my dad.

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LandRegRep1862 · 12/06/2014 12:15

Different parts of West Sussex became registerable at different times. You can check the relevant dates in our online guidance www.landregistry.gov.uk/professional/guides/practice-guide-1#guide-mark-46
1st April 1986 (29 years ago) was the latest trigger date so if the property is in an area not listed then it seems likely that it is unregistered although by the sound of it they have already confirmed that.

Starlingsintheslipstream has already provided links to other online guidance around making an application to register where the deeds have been lost as well.

Spindelina · 12/06/2014 13:27

Thanks for those links Land and Starlings - didn't work on my phone but have now looked on a computer. I'm pretty sure they are in the 1986 bit.

I shall wait patiently for news, with the expectation that it will be a good few weeks.

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