Lost or destroyed Title Deeds & the importance of first registration

Paula Williams, LLP Partner & Head of Conveyancing at Griffith Smith Farrington Webb LLP discusses Title Deeds & the importance of first registration.

One of the first questions we ask clients when they decide to sell is, "Where are the title deeds relating to the property?" More often than not, the response we receive is that the title deeds are with their lender. We always check with the lender but in the majority of cases we are told that they are not holding any title deeds. The reason for this is that most lenders do not feel it is necessary to store title deeds as the legal title of many properties in England and Wales are now held electronically at the Land Registry.

If your property is registered at the Land Registry, then the loss of the title deeds is not normally a major problem. It is easy to obtain copies electronically from the Land Registry. The cost of obtaining copies is minimal. It is, however, recommended that you keep any deeds that you have in a safe place.

The problem arises if the property has not yet been registered. Although compulsory land registration of title was introduced many years ago, it is only triggered upon the happening of certain events, such as the property being sold, transferred or mortgaged. If a property has been owned for many years and none of these events have taken place, the property could still be unregistered.

It is vital that unregistered deeds are kept in a safe place. If they are lost or destroyed then it can be very difficult to reconstruct the title. The Land Registry will require as much evidence as possible to show where and when the title deeds were lost or destroyed. You have to attempt to reconstruct the title and you have to prove who you are. Even with this information, there is no guarantee that the Land Registry will create a new title or that the title will be guaranteed. This will affect your ability to sell or mortgage your property. We strongly recommend that, if you own unregistered land, you avoid this problem by registering your title at the Land Registry.

The Land Registry will accept applications for voluntary first registration and they charge a reduced fee. If you require any assistance with doing this then please contact us.

For further information or to make an appointment, please contact us on 01273 324041 or by e-mail to enquiries@gsfwsolicitors.co.uk. Alternatively you may use our online enquiry form.

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